macdougall and hydes lawyers logo
Contact
(02) 9139 8185

Other

Other

Bail 

At MacDougall and Hydes Lawyers, we understand that facing criminal charges can be a distressing time not only for the person charged but also for their loved ones. Securing bail is often a crucial step, and we are here to guide you through the process with the experience and dedication you deserve. Whether you’re applying for bail for the first time, or looking to vary existing bail conditions, we are committed to achieving the best possible outcome for you and your family.

What is Bail?

Bail allows a person who has been arrested and charged with an offence to be released from custody while awaiting their court appearance. The decision to grant bail is made by the police or the court, depending on the nature of the charge and surrounding circumstances. In New South Wales (NSW), bail is an opportunity for the accused to remain in the community, with conditions in place to ensure they appear at future hearings and do not pose a further risk to the community.

Bail Applications in Local, District, and Supreme Courts

Bail applications are handled in different courts, depending on the severity of the offence and the stage of the case. At MacDougall and Hydes Lawyers, we provide expert representation in:

  1. Local Court: For less serious charges, bail applications are usually made here. If bail is denied, we can represent you in seeking bail from a higher court.
  2. Supreme Court: For the most serious charges, or where bail has been denied in lower courts, we can help with bail applications and variations in the Supreme Court. Our team has extensive experience handling high-profile and complex cases.

What Does the Court Consider in a Bail Application?

The court considers several factors before granting bail, including:

  • The seriousness of the offence: More serious charges, especially those involving violence, can make it harder to obtain bail.
  • Risk of reoffending: The court assesses whether the accused may commit further offences while on bail.
  • Risk of fleeing: Whether there’s a concern that the accused will fail to attend court hearings or abscond.
  • Criminal history: Any previous criminal convictions can impact the bail decision.
  • Strength of the evidence: A strong case against the accused may affect the likelihood of bail being granted.
  • Personal circumstances: Family ties, stable employment, and the ability to provide surety or guarantees are all factors that may help secure bail.

At MacDougall and Hydes Lawyers, we take the time to understand the full context of your situation and present a strong case that addresses these factors. We work tirelessly to ensure the best chance of success, fighting for your freedom and the well-being of your loved ones.

Bail Conditions

If bail is granted, certain conditions will typically be imposed to ensure the accused person appears in court and does not pose a further risk. These conditions might include:

  • Regular check-ins with police
  • Surrendering passports or travel documents
  • Electronic monitoring or curfews
  • Sureties or financial guarantees
  • No contact with victims or witnesses

We will help ensure that the bail conditions are fair, reasonable, and workable, and if they become too difficult to meet, we can assist with applying for bail variations.

Bail Variations

In some cases, bail conditions can be restrictive or difficult to comply with. For example, the accused may need to change their residential address, have more flexibility in reporting to police, or be granted permission to travel. MacDougall and Hydes Lawyers can assist with bail variations, ensuring that any conditions imposed by the court are manageable and fair. We are here to make the process as smooth as possible for both the accused and their family.

Why Choose MacDougall and Hydes Lawyers?

At MacDougall and Hydes Lawyers, we pride ourselves on providing expert legal representation for bail applications and variations. Our team has extensive experience in dealing with bail matters in the Local, District, and Supreme Courts of NSW, and we are well-equipped to handle cases of any complexity.

We also work alongside some of NSW’s best barristers for more complex and high-stakes bail applications, ensuring that you have the strongest legal team on your side. Our goal is not only to achieve the best outcome for the person charged but to provide the peace of mind and support that their family needs during this challenging time.

If you or a loved one is facing a bail application in NSW, contact MacDougall and Hydes Lawyers today. We are here to provide expert legal advice and dedicated representation, ensuring that you and your family are supported every step of the way. Let us help you navigate the legal system with confidence and achieve the best possible result for your case.

Sentencing 

At MacDougall and Hydes Lawyers, we understand that being convicted of an offence is an emotional and stressful experience, not only for the person convicted but also for their family. If you or a loved one is facing sentencing in New South Wales (NSW), it is crucial to have experienced legal representation to ensure that all relevant factors are considered, and the most appropriate sentence is pursued. Our criminal law team is committed to providing the support and expertise needed to navigate this critical stage of the legal process.

Sentencing in NSW: An Overview

In NSW, sentencing is the process by which a court determines the appropriate penalty for a person convicted of a criminal offence. The sentence will depend on a variety of factors, including the nature and severity of the offence, the circumstances of the offender, and the effect on the victim and the community. The main goal of sentencing is to ensure justice is served, while also considering the potential for rehabilitation.

Sentencing options vary depending on whether the offence is a state offence (under NSW law) or a Commonwealth offence (under federal law), and the court in which the matter is heard (Local, District, or Supreme Court). At MacDougall and Hydes Lawyers, we have extensive experience advising clients on the sentencing process and advocating for the best possible outcome.

Sentencing Options for State Offences in NSW

For state offences, the following sentencing options are available under NSW law:

  1. Imprisonment: Imprisonment is the most severe sentence and is imposed for serious offences or where other sentencing options are not deemed appropriate. In some cases, a custodial sentence may be served in full, while in others, the person may be eligible for parole after serving part of the sentence. Our team will work to mitigate the impact of imprisonment and explore all available avenues to reduce the sentence.
  2. Home Detention: For certain offences, the court may impose home detention, where the convicted person is allowed to serve their sentence in their home under strict conditions, such as electronic monitoring. This option is typically available for offenders convicted of less serious crimes or for those who pose a low risk to the community.
  3. Intensive Correction Order (ICO): An ICO is a custodial sentence served in the community instead of full-time prison. Courts impose strict conditions, such as electronic monitoring, curfews, community service, rehabilitation programs, or non-association orders. ICOs are a preferred alternative to prison for certain offences and offenders who can comply with strict supervision requirements.
  4. Community Corrections Orders (CCO): A CCO is a non-custodial sentence that requires the offender to comply with various conditions, such as performing community service, attending rehabilitation programs, or undergoing drug or alcohol treatment. A CCO allows the offender to remain in the community while serving their sentence and can be an option for those convicted of less serious offences.
  5. Fines: For less serious offences, the court may impose a fine as a penalty. The amount of the fine will depend on the nature of the offence and the offender’s financial circumstances. A fine may be imposed alone or in conjunction with other sentencing options.
  6. Good Behaviour Bond (Conditional Release Order with Conviction): A good behaviour bond is a sentencing option where the offender is required to remain of good behaviour for a specified period. This is typically imposed as a Conditional Release Order (CRO) with a conviction. Breaching the bond by committing a further offence can result in a harsher penalty, including imprisonment. Good behaviour bonds are often granted to first-time offenders or for less serious offences.
  7. Section 10(1)(b) – Conditional Release Order Without Conviction: Under Section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999, a court may impose a Conditional Release Order (CRO) without recording a conviction. This means the offender is placed on a bond with conditions, such as attending rehabilitation programs or avoiding further offences, but does not receive a criminal record. If they comply with the conditions for the duration of the order, no further penalty is imposed.
  8. Section 10(1)(a) – Dismissal Without Conviction: Under Section 10(1)(a), the court has the discretion to dismiss the charge entirely without recording a conviction and without imposing any conditions. This is usually reserved for exceptional circumstances, such as minor offences where the offender has no prior criminal history and has demonstrated remorse.

 

Sentencing Options for Commonwealth Offences

In addition to state offences, there are sentencing options for Commonwealth offences (those under federal law), such as drug importation, tax fraud, or terrorism-related offences. Sentences for Commonwealth offences are generally harsher, particularly for serious crimes like drug trafficking and terrorism.

  1. Imprisonment: As with state offences, imprisonment is a primary sentencing option for serious Commonwealth offences. Sentences for these offences can be severe, with some carrying lengthy custodial terms.
  2. Community Service Orders: Commonwealth offenders may also be sentenced to community service orders, requiring them to complete unpaid work for the community.
  3. Fines: For lesser Commonwealth offences, the court may impose a fine. However, fines for federal offences are generally higher than those for state offences.
  4. Rehabilitation Programs: In some cases, the court may impose attendance in rehabilitation programs, such as drug treatment or mental health programs, as a condition of sentencing for Commonwealth offences.

How We Can Help You

At MacDougall and Hydes Lawyers, we offer expert legal representation to clients who are facing sentencing for both state and Commonwealth offences. Our team works closely with clients and their families to ensure that all mitigating factors are taken into account, including the offender’s background, remorse, rehabilitation prospects, and any personal or family circumstances.

We also work with NSW’s best barristers for complex sentencing matters, ensuring that your case is presented in the best possible light. We are committed to achieving the most favourable outcome for you, whether that involves minimising a custodial sentence, securing a non-custodial option, or seeking a variation of a current sentence.

If you or a loved one is facing sentencing in NSW, contact MacDougall and Hydes Lawyers today for a confidential consultation. Let us help you navigate this difficult time and fight for the best possible outcome for you and your family.

Appeals

At MacDougall and Hydes Lawyers, we understand that a conviction or sentence can have life-changing consequences. If you believe an error was made in your case, you may have the right to appeal. Our firm has extensive experience representing clients in appeals before the Local Court, District Court, Supreme Court, and the NSW Court of Criminal Appeal. We also work closely with some of the state’s most highly regarded barristers to provide expert legal representation in complex appeal matters.

Understanding Appeals in NSW

An appeal is a request for a higher court to review and potentially overturn a decision made by a lower court. The appeals process varies depending on the type of case and the court involved:

  • Local Court Appeals – If you were convicted or sentenced in the Local Court, you may appeal to the District Court, where the judge will reconsider the case.
  • District Court and Supreme Court Appeals – If your case was heard in the District or Supreme Court, an appeal is made to the NSW Court of Criminal Appeal (NSWCCA).
  • High Court Appeals – In rare and significant cases, further appeals may be made to the High Court of Australia, but only with special leave.

Strict time limits apply to lodging appeals, and it is essential to act quickly to preserve your rights.

 

What If You Are Outside the Appeal Timeframe?

If the deadline to file an appeal has passed, you may still have an opportunity to seek leave to appeal out of time. This process requires demonstrating sufficient cause for the delay and that the appeal has merit. At MacDougall and Hydes Lawyers, we have successfully represented clients in obtaining leave to appeal outside the prescribed timeframe, ensuring their cases are heard despite initial time constraints.

 

Common Grounds for Appeal

An appeal must be based on a valid legal argument rather than dissatisfaction with the outcome. Some common grounds include:

  • Errors of Law – Mistakes in how the law was applied during the trial or sentencing.
  • Errors of Fact – Incorrect findings about the evidence presented in court.
  • Unreasonable Verdict – Where the decision was not supported by the evidence.
  • Excessive or Inadequate Sentence – Where the penalty imposed was too severe or, in rare cases, too lenient.

Our legal team carefully analyses trial records to identify errors that could form the basis of a strong appeal.

Our Expertise in Appeals

At MacDougall and Hydes Lawyers, we have successfully represented clients in high-profile and complex appeal matters, including:

  • Jarryd Hayne Appeal – Securing the quashing of his sexual assault convictions, leading to his release from custody.
  • Hannah Quinn Acquittal – Achieving an acquittal in a high-profile case where convictions of unlawful killing were overturned.
  • Titus Day Appeal – Successfully overturning fraud convictions against high-profile talent manager Titus Day, securing his release from custody.

These cases reflect our commitment to justice and our ability to navigate the complexities of appeal law. Read more about them here.

Seeking Merit Advice Before an Appeal

Before pursuing an appeal, it is crucial to obtain legal advice on the likelihood of success. Our firm works with the state’s best barristers in providing comprehensive merit assessments, helping clients understand their options and the strengths and weaknesses of their case.

 

Why Choose MacDougall and Hydes Lawyers?

  • Extensive Experience – We handle all types of appeals across the NSW court system.
  • Strategic Approach – Our team carefully prepares every appeal, ensuring that the strongest legal arguments are presented.
  • Collaboration with Leading Barristers – We work with NSW’s top barristers to achieve the best results.
  • Commitment to Clients – Whether you are seeking to appeal a conviction, reduce a sentence, or apply for leave to appeal out of time, we are dedicated to achieving the best possible outcome.

If you or a loved one is considering an appeal, contact MacDougall and Hydes Lawyers today. Our expertise and dedication make us the trusted choice for navigating the NSW appeals process.

Contact us now for expert and tailored legal advice

Reach out to MacDougall & Hydes for expert, personalised guidance on your legal matters. Our dedicated team in Sydney specialises in criminal defence and quasi-criminal cases, ensuring high-quality, tailored representation when you need it most.
Contact us today
m&h business card