Recognised as one of Adelaide’s leading criminal law firms, we offer specialist legal advice and representation for minor offences through to serious criminal offences. We pride ourselves on exploring all possible defences and giving you leading representation in all circumstances.
BTD Lawyers Criminal Practice
We are proud to be one of Adelaide’s leading criminal law firms.
At Barbaro Thilthorpe Daniel Lawyers, we are renowned for our specialist work in criminal law and recognised as one of Adelaide’s leading criminal law firms.
Our highly-dedicated lawyers have represented clients charged with relatively minor offences, such as traffic offences and disorderly behaviour, through to serious criminal offences, such as drug trafficking and importation, aggravated assaults, serious sexual offences, and murder.
We routinely appear in all South Australian courts and travel interstate. We also act on criminal appeals to the High Court of Australia, where our matters have achieved important legal precedents.
Legislation is often changing and amendments can have direct and adverse implications should you be charged with or convicted of an offence. It is essential that you obtain legal advice to ensure that you understand all of the potential consequences of your pending charges.
How we can help you
From traffic offences to disorderly behaviour, we deal with all summary and minor indictable offences heard in the Magistrates Court.
We routinely act and provide advice in respect of drug offences, including simple possession, drug trafficking under State legislation and importation under Commonwealth legislation. With increasing sentencing provisions, including limited sentencing options for certain offences and classification of certain defendants as ‘Serious Repeat Offenders’ and ‘Serious Drug Offenders’, it is essential you obtain comprehensive legal advice.
There are many variations of the offence of assault, from simple assault to aggravated assault causing serious harm with intent. The maximum penalties can vary significantly depending on the circumstances alleged. It is important to seek advice and understand the severity of the charge you are facing.
Murder is one of the State’s most serious criminal offences. It is critical to obtain urgent advice from an experienced lawyer and not to answer any questions without prior legal advice.
We provide advice about all kinds of sexual offences, including indecent assault, possession of exploitation material, and rape. There are numerous statutory provisions that arise for offences of this nature, from the sentencing discounts and options available to national registers and reporting obligations that can be imposed, depending on the offence charged.
The Firearms Act includes broad definitions for what constitutes a firearm and establishes many offences for those who deal with firearms without a firearm’s licence. We also provide advice to those issued with firearms prohibition orders, which impose onerous conditions.
The Criminal Procedure Act 1921 categorises offences in South Australia as either ‘summary’, ‘minor indictable’ or ‘major indictable’ offences.
Summary offences are those which: are not punishable by imprisonment, attract a maximum fine of less than $120,000.00, attract a maximum penalty of 2 years or less, or involve $2,500.00 or less.
Minor indictable offences are those which: attract a maximum fine of more than $120,000.00, attract a maximum penalty of more than 2 but less than 5 years imprisonment, or involve $30,000.00 or less.
All other offences are major indictable offences.
It is important to understand the type of offence you are charged with as it determines the court in which your matter will be heard.
Summary offences are heard in the Magistrates Court jurisdiction. Minor indictable offences are also heard in the Magistrates Court, unless the defendant elects to be tried in the superior court, being the District Court.
All major indictable offences are heard in the superior courts, being the District Court in most cases or for offences of murder and treason, the Supreme Court.
It is important to note that the Magistrates Court is a ‘costs jurisdiction’ and costs may be recovered if the defendant successfully defends the charges. Conversely, the defendant may be ordered to pay the prosecution’s costs if they plead or are otherwise found guilty, as well as court fees and the mandatory Victims of Crime Levy.
If you are refused police bail, you must be brought before the Magistrates Court for a bail application as soon as reasonably practicable and not later than 4:00pm on the next working day following arrest.
The Bail Act 1985 provides that the presumption of bail is in favour of the applicant. However, certain charges may render an accused a “prescribed applicant”.
If you are a prescribed applicant, there is a presumption against bail and you must establish “special circumstances” justifying release on bail.
It is critical that you engage an experienced criminal lawyer to make your bail application, especially if you are a prescribed applicant. We will do everything we can to maximise your prospects of release on bail.
There are measures that may be taken to provide comfort to the court and alleviate any bail risks. These measures include:
Regarded as “last resort” bail, home detention bail requires a nominated address and involves strict electronic monitoring conditions.
It is important to consider the above options and make appropriate arrangements prior to making an application for bail, particularly if bail is opposed by prosecution or otherwise contentious.
If bail is refused, you may reapply, however, your application is unlikely to be successful without a change in circumstances.
If bail is refused by the Magistrate, you may apply to the Supreme Court for a Bail Review. The review is treated as a fresh bail application and must be heard and determined as expeditiously as possible.
BTD Lawyers has extensive experience both in bail applications and bail reviews. We will assess and facilitate all options available to ensure that your chances of release on bail are maximised.
The Sentencing Act 2017 has introduced several mandatory sentencing schemes.
The Act includes provisions which render certain defendants “serious repeat offenders”. When the court is sentencing a serious repeat offender, the court must impose a non-parole period that is at least four-fifths of the head sentence and the court is not bound to ensure the sentence is proportional to the offence.
The Act also provides a sentencing discount regime. If you plead guilty within 4 weeks of your first court appearance, you will be eligible for the maximum sentencing discount. There are different maximum discounts that apply depending on the offence you are charged with. For prosecutions in the Magistrates Court, the maximum sentencing discount is up to 40%. For all other matters, the maximum sentencing discount is up to to 35% or, for serious indictable offences, up to 25%.
The applicable sentencing discount decreases as your matter progresses closer to trial. It is therefore essential that you seek advice as to the strength of the case against you as soon as possible.
The Act also prevents the court from suspending sentences or ordering sentences to be served on home detention in certain cases. Some of these include:
At BTD Lawyers, we will ensure that you are apprised from the outset of how the provisions of the Act apply to you and any potential implications at sentencing.
Your previous convictions and/or allegations by police that you associate with a declared criminal organisation can result in adverse administrative orders.
The Firearms Act 2015 allows police or the Registrar of Firearms to issue a Firearms Prohibition Order in a range of circumstances. Police may only issue these orders on an interim basis. Orders may be issued in circumstances where police reasonably suspect or the Registrar of Firearms is satisfied that:
Firearms Prohibition Orders carry oppressive conditions which have significant consequences if they are breached. It is therefore important to obtain legal advice as soon as you are served with a Firearms Prohibition Order.
The Correctional Services Act 1982 allows the Chief Executive of the Department of Correctional Services to exclude a person from a specified correctional institution (or all correctional institutions) if the Chief Executive believes on reasonable grounds that the person is a member of a criminal organisation, associates with or has associated with a member of a criminal organisation or is otherwise likely to interfere with the good order or security of a correctional institution. If such an exclusion order is made against you, you will be prohibited from visiting anyone, including your own family members, held in custody.
At Barbaro Thilthorpe Daniel Lawyers, we have experience challenging Firearms Prohibition Orders and Exclusion Orders and can help you preserve your rights.
We understand that being charged with a criminal offence is a confronting experience and we know the serious implications it can have on your current life and future.
Our lawyers work tirelessly to explore all possible defences and keep you informed to achieve an effective resolution of your matter.
We pride ourselves on providing you with the highest level of representation and exceptional advice.
If you find yourself in legal trouble, contact our office on (08) 8227 0577 and make an appointment with one of our specialist criminal lawyers.
Find out how we can assist with your law matter and receive advice from a leading Adelaide law firm.
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