Criminal Lawyer South Coast NSW

What criminal defence means in practice

Being charged with a criminal offence in NSW starts a process that most people have never encountered before. The police have their brief. The prosecution has their strategy. You have the right to silence, the right to legal representation, and, in most cases, time before your court date to get proper advice on what you are actually facing.

Tony Cullinan has practised criminal law across South East NSW for years. He holds a Master’s degree in criminal practice and appears in Local Courts, District Courts, and the Supreme Court from the Shoalhaven and Eurobodalla down to the Bega Valley and Eden, inland to Cooma and the Monaro, and across to Canberra. Criminal and traffic law is not a sideline for him. It is his entire practice.

The work starts before you walk into court. Tony reviews the prosecution brief, identifies what the evidence actually supports, and advises on the realistic options: contesting the charge, negotiating with the prosecution for a lesser charge, or pleading with the strongest possible case on sentencing. Which path is right depends on the facts, not on what you remember of the night.

Criminal defence

Criminal defence covers a wide range of charges, from summary offences heard entirely in the Local Court to serious indictable matters that proceed to the District Court or Supreme Court.

Summary offences include common assault, low-level drug possession, property damage, offensive conduct, and breach of AVO or ADVO conditions. These are heard by a magistrate in the Local Court. The penalty range can still be significant: fines, good behaviour bonds, community service, and in some cases imprisonment.

Indictable offences are more serious charges: assault occasioning actual bodily harm, robbery, break and enter, supply of a prohibited drug, sexual assault, and offences involving death or serious injury. Many indictable offences can be dealt with in the Local Court if the charges are at the lower end of the range. More serious matters proceed on indictment to the District Court or, in the most serious cases, the Supreme Court.

At every level, the approach is the same: understand what the prosecution has, identify the weaknesses in their case, and put the defendant in the best position to achieve the right outcome. That might mean a contested hearing, a negotiated plea, or a sentencing submission that addresses all the relevant factors in the defendant’s favour.

Tony appears regularly at Nowra Local Court, Bega Local Court, Moruya Local Court, Cooma Local Court, at the District Court sitting at Goulburn and Wollongong, and at the ACT courts in Canberra, for matters across South East NSW.

ADVO matters

An Apprehended Domestic Violence Order is a civil order issued by a court that restricts a person’s conduct toward another person with whom they are in a domestic relationship. The relationship can be a marriage, a de facto partnership, or a close personal relationship.

Police can apply for an ADVO on behalf of a protected person, or the protected person can apply directly. In domestic violence matters, police will often apply for an ADVO at the same time as laying criminal charges, even if the protected person has not asked for one.

Being served with an ADVO is serious. Breaching an ADVO is a criminal offence. The conditions of an ADVO can prevent you from returning to your home, from contacting your children, and from working in certain roles that require a clean record.

Tony advises and represents defendants in ADVO proceedings, including at the mention stage, at interim hearings, and at final contested hearings. He also advises on the interaction between ADVO proceedings and any related criminal charges, which often run alongside each other in the Local Court.

Key issues in ADVO defence include whether the court has jurisdiction, whether the protected person’s account is supported by evidence, whether the relationship meets the statutory definition of a domestic relationship, and whether the conditions sought are proportionate to the circumstances.

ADVO proceedings are not criminal proceedings, but they have real-world consequences that can be as significant as a criminal conviction. Getting advice early, before an interim order becomes a final order by default, is important.

Malicious prosecutions

A malicious prosecution is a legal claim that can be brought where a person has been prosecuted by police or a government body without proper grounds and with an improper motive, and where the prosecution resulted in damage to the person.

These matters are complex and relatively rare. For a claim to succeed, four elements generally need to be established: that the defendant initiated or continued the prosecution, that the prosecution ended in your favour, that the prosecution was brought without reasonable and probable cause, and that the defendant acted with malice.

In practice, malicious prosecution claims against NSW Police arise in situations where an arrest was made without sufficient evidence, where the prosecution continued after exculpatory evidence came to light, or where there is evidence of a personal or improper motivation behind the charge.

Tony can advise on whether the circumstances of a prosecution, including any associated wrongful arrest, support a claim. These matters require careful analysis of the police brief, the circumstances of arrest, and the conduct of the prosecution before advice can be given.

How charges progress through the courts

Most criminal matters in NSW begin in the Local Court. When you first appear, it is usually a mention date. The matter is noted, the brief of evidence is requested from the prosecution, and the matter is adjourned. No plea is formally entered at this stage in most cases.

Once the brief of evidence is available, Tony reviews it in detail. He identifies the charges, the witnesses, the physical and forensic evidence, and the admissions, if any, that are recorded. From there, the options become clearer.

For summary offences, the matter may resolve at Local Court by way of a defended hearing or a plea. For indictable offences, the Local Court may commit the matter to the District Court, or the matter may be dealt with summarily at the Local Court if the prosecution and court agree it is appropriate.

Hearing dates are set well in advance. The time between the first mention and the final outcome can range from weeks to many months depending on the court, the complexity of the charge, and whether the matter is contested.

What to do if you have been charged

The single most important step is to get legal advice before you make any further statements to police. You have the right to silence. Anything you say can be used in the prosecution brief.

Call Tony on +61 2 6492 4035. If it is after hours and your matter is urgent, leave a message and he will return your call. The first conversation is confidential and costs nothing.

If you have a court date already, bring the court attendance notice. Tony will advise on what to expect at the first mention, what the prosecution brief will likely contain, and what the options are once it is available.

Serving South East NSW, from Nowra to Eden and across to Canberra

Tony appears at courts across South East NSW, including Nowra Local Court, Nowra District Court, Bega Local Court, Moruya Local Court, Ulladulla Local Court, Cooma Local Court, and at the District Court sittings in Wollongong and Goulburn, as well as the ACT courts in Canberra. His office is in Bega, and he regularly assists clients throughout the entire South East region, including Canberra, travelling to appear in person.

For clients in Nowra and the Shoalhaven, see Criminal Lawyer Nowra. For the Eurobodalla region, see Criminal Lawyer Eurobodalla. For Bega Valley, see Criminal Lawyer Bega Valley.

Related reading: Criminal law FAQ, Criminal defence in NSW: what to do when you are charged.

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This page contains general legal information, not legal advice. Every matter is different. Contact Tony Cullinan for advice on your specific circumstances.