How indictable matters proceed in NSW
Most serious charges begin in the Local Court. The prosecution serves a brief of evidence and a charge certificate setting out the charges that will proceed. Before the matter is committed for trial or sentence, the defence and the prosecutor must take part in a case conference to discuss the evidence and whether the matter can be resolved.
The timing of a guilty plea matters. Under the early appropriate guilty plea scheme, a plea entered before committal generally attracts a 25% sentencing discount, compared with 10% after committal and 5% in most other cases. Decisions about the charges and the strength of the evidence therefore need to be made early.
Types of matters
- Murder, manslaughter and other serious violence
- Sexual offences, including historical allegations
- Child abuse material and online offences
- Firearms and prohibited weapons
- Robbery, aggravated break and enter, and kidnapping
- Organised crime and Commonwealth offences
- Serious drug supply and importation
Our approach
We work through the brief of evidence in detail, including forensic material, telephone evidence and expert reports, and identify what is genuinely in dispute. Where appropriate, we brief experienced counsel and work closely with them throughout the proceedings.
Clients receive clear explanations of the procedure and their options, in English or Korean, so that decisions are made on an informed basis.
Frequently asked questions
What is a case conference?
A compulsory meeting between the defence and the prosecution before committal, to discuss the charges and whether the matter can be resolved. A certificate recording any offers made is filed with the court.
Will my case be heard by a jury?
Matters that proceed to trial in the District or Supreme Court are usually heard by a jury, although a trial by judge alone may be possible in some circumstances. We advise whether that is appropriate in your case.
This page is general information about the law in NSW and our work. It is not legal advice about your situation. Procedures, penalties and deadlines depend on the charge and can change.