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Criminal law represents one of our largest practice areas, encompassing minor summary offences in the Magistrates Courts and Children’s Courts to serious indictable matters in the District Court, County Court, and Supreme Courts. Taylor Rose is expert in representing clients in all aspects of criminal law, including bail applications, guilty pleas, contested hearings, jury trials, voir dires, committals and appeals.


Pleading guilty


Most criminal defendants plead guilty. At Taylor Rose, when a client wants to plead guilty, we prioritize negotiating with the prosecution, obtaining supporting material such as character references, and presenting their circumstances to the court in a sympathetic light to achieve the best possible sentencing outcome.

Our criminal lawyers stay up to date with the latest developments in sentencing policy and with the mandatory sentencing provisions that apply in the jurisdictions in which they practice. They approach their clients’ situations with an open mind, striving to comprehend all the factors that led to their offending and advocating for sentencing orders that meaningfully address the underlying issues.


Contesting charges


There are a range of reasons that a person may want to plead not guilty. They may not have committed the offence, they may have a valid legal defence, or they may want to exercise their right to put the prosecution to proof.

Our criminal lawyers provide specialist advice and representation to clients contesting charges in the Magistrates Court, Children’s Court, District Court, Supreme Court and County Court.

Our lawyers will go through the brief of evidence with you carefully, take detailed instructions, identify any items of evidence that are challengeable and advise on any available defences. They will cross-examine prosecution witnesses thoroughly and adduce evidence in your defence where possible.


Applying for bail


If you have been remanded in custody, you may want to apply for bail. A bail application can be made at any stage in criminal proceedings right up to the point where a person has been found guilty of an offence, but not yet sentenced.

A person’s prospects of being granted bail depend on the offences they have been charged with, their criminal history, their bail history and their current circumstances.

If the court has concerns about granting bail, these may be alleviated by putting forward a bail proposal that includes conditions that address the court’s specific concerns. This may include reporting to the police at specified times, being subject to a curfew, a bail surety to be paid by the accused or by another person, and a condition not to have contact with specified people.

If you are applying for bail, Taylor Rose will ensure that we put forward the strongest possible bail proposal to maximise your chances of getting out of custody.


Challenging evidence


When a person is contesting criminal charges, it may be advisable to challenge one or more items of prosecution evidence. This may be because the evidence is unreliable, was obtained unlawfully or should be excluded from the proceeding on a discretionary basis.

At Taylor Rose, we thoroughly review briefs of evidence and identify any evidence that could potentially be excluded from the proceeding. If there is evidence that needs to be challenged, this can occur during a proceeding known as a voir dire.

A voir dire is a pre-trial proceeding used to determine whether evidence should be admitted or excluded at trial. Both parties will be given the opportunity to adduce evidence and making submissions. The court will then determine whether the evidence is to be admitted or not.


Our criminal law team


When listing a criminal matter for a contested hearing or a voir dire, familiarity with the brief of evidence and the development of a solid case theory are essential.

Our criminal team is committed to resolving contested criminal cases through negotiation with the prosecution whenever feasible. If a matter must proceed to a contested hearing, our solicitors will  challenge the prosecution’s case as thoroughly as possible.

If a matter results in an unfavourable verdict or sentence, our criminal team will work with the client to explore any potential grounds for appeal.

Our criminal lawyers endeavour to clarify the legal system for clients and to communicate in language that is appropriate to their cultural background and level of familiarity with the justice system. We pride ourselves on our relationships with our clients and always strive to ensure that they do feel empowered and well-informed at all stages of the proceedings.

If you require legal advice or representation in any legal matter, please contact Taylor Rose legal.

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