CRIMINAL LAW

In N.S.W., criminal matters are determined by the Supreme Court of N.S.W., the District Court of N.S.W., or local courts.

Should a person charged with a criminal offence, engage a barrister?

It largely depends upon the seriousness of the charge and the possibility of a full time gaol sentence. Generally speaking, a competent solicitor who specializes in appearing in Local Courts before a magistrate, can handle those types of criminal matters that can be finalized in the Local Court such as drink driving, traffic offences, shop lifting and minor assaults and so forth.

If the criminal charge is to be heard in the District or Supreme Courts before a judge and jury (known as indictable offences) or if it involves an appeal from the Local Court decision to the District Court, then a barrister is normally briefed to appear for the defendant.

Criminal offences are breaches by a person of the criminal law of a state or territory, or the Commonwealth of Australia.

The investigation of criminal activity is the responsibility of the police.

If a crime has been committed the person who is said to have committed the crime is identified and charged (usually initially by the police).

That person (the defendant) is then brought before a court to answer the charge.

A prosecutor (generally a lawyer) is responsible for prosecuting the charge in court.

The defendant is entitled to be represented in court by lawyer.

The prosecution must prove the charge to the court beyond a reasonable doubt.

More serious charges, e.g. (murder, manslaughter, armed robbery, etc) are dealt with before a jury of laypersons.

If the charge is proved the defendant is usually said to have been “convicted”.

Conviction normally has serious consequences for the person convicted, such as the imposition of a jail term, a fine, or sometimes, both.

SOME CRIMINAL CASES IN WHICH KIM MORRISSEY HAS APPEARED

·        My client was charged in the Supreme Court with the murder of man by deliberately driving his truck in such a way that the man was knocked off the side of a truck under its wheels. My client was acquitted of murder by the jury and convicted of the lesser charge of manslaughter.

·        My client was charged with attempting to obtain money from his car insurer after his car was found abandoned and burnt. My client was acquitted by the jury.

·        My client was charged with driving his car in a manner dangerous causing the death of a passenger. My client was acquitted by the jury.

·        My client was charged with unlawful sexual intercourse with a woman to whom he had provided trade services. My client was acquitted by the jury.

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