Expertise

Criminal Penalties

SPEAK WITH A KIAMA CRIMINAL LAWYER

Criminal Law Specialists

Our Kiama practice covers a broad spectrum of criminal cases. These include traffic violations, drug offences, drink driving matters, theft, assault, fraud, and serious indictable charges such as homicide.

24/7 Criminal Law Advice

We offer round-the-clock criminal law support in Kiama. Day or night, you can contact our criminal lawyers whenever urgent representation is required. Your first consultation is free.

Top-Tier Team

Our team is guided by a former police officer and senior police prosecutor. With extensive knowledge of police processes and court operations, we develop well-structured strategies for every matter we handle.

Extensive Experience

We have represented clients in a wide range of criminal proceedings, frequently managing summary matters without relying on external barristers. This approach strengthens the quality of courtroom advocacy while keeping costs more manageable.

Here To Help

Facing a criminal charge can affect every part of your life. You may feel stressed about the court process, worried about how it could affect your reputation, or uncertain about what lies ahead. The experience is often confronting, particularly if it is your first time dealing with the justice system.



Our criminal defence team represents clients in Kiama, helping them take practical steps to manage their situation. Whether you are contesting serious allegations or looking to reduce the impact of a charge, we provide support at every stage and focus on achieving an outcome that safeguards your future.

Crime

Area of Expertise

How Can Our Kiama Criminal Lawyers Help?

Our team takes a thorough approach to every matter. From the beginning, we review the allegations, analyse the strength of the evidence, and explain the potential risks in straightforward terms. This helps you understand your position and the possible options available to you.


We prepare a defence that directly addresses the prosecution’s claims, identifying weaknesses in their case and working to safeguard your rights throughout the process. Our lawyers also handle communication with the court and other parties, making sure your case is presented clearly and effectively.


Whether you are facing a less serious charge or a more complex prosecution in Kiama, our focus is on developing a strategy that protects your future and reflects your legal rights. With experience across a wide range of criminal matters, our defence team is ready to act on your behalf.

Frequently Asked Questions

  • What fines can courts impose?

    Fines are one of the most common penalties applied across a wide range of offences. In New South Wales, fines are often calculated using penalty units, with each unit currently valued at $110. Depending on the offence, a fine may be imposed on its own or alongside other penalties.


    When deciding on the amount, the court considers the seriousness of the offence and the offender’s financial circumstances. If legislation does not set a specific figure, the Magistrate or Judge has discretion to determine a fair amount based on the case and the person’s situation. In Kiama and surrounding courts, this approach helps balance the penalty with the individual’s ability to pay.

  • What penalties might the court give?

    The outcome in a sentencing hearing depends on the nature of the charge, the harm caused, the offender’s background, and whether there is any history of prior convictions. Circumstances surrounding the incident are also taken into account.


    Courts may impose a range of penalties, including:


    • Monetary fines
    • Good behaviour bonds
    • Community-based supervision
    • Licence disqualifications
    • Intensive supervision
    • Imprisonment

    A well-prepared defence supported by evidence and legal argument can make a difference. In some cases, this may help secure a less severe penalty.

  • Why does the court impose penalties?

    Sentencing serves several purposes, including:


    • Holding the individual accountable for their conduct
    • Discouraging future offending by the person and the broader community
    • Protecting others from further harm
    • Promoting rehabilitation
    • Acknowledging the impact of the offence on victims and the wider community

  • Sentencing Reform

    In September 2018, significant reforms were introduced to create greater consistency in sentencing and reduce reoffending. One major change was the removal of suspended sentences.


    In certain cases, such as those involving domestic violence, courts are now required to consider community-based penalties or imprisonment as the starting point unless there is a strong reason to apply another option. Sentencing decisions today are also guided by risk assessments and structured support plans, providing courts in Kiama and across NSW with better tools for determining appropriate outcomes.

  • Will I get a Conditional Release Order (CRO)?

    A Conditional Release Order (CRO) allows the court to deal with an offence without recording a conviction. It is generally applied in less serious cases where the court decides that a conviction or heavier penalty is not required.


    When deciding whether to grant a CRO, the court considers:


    • The seriousness of the offence
    • Your criminal record, if any
    • Your risk to the community

    CROs often include conditions such as:


    • Attending counselling or treatment
    • Staying away from certain people or places
    • Abstaining from drugs or alcohol

    A CRO can last for up to two years. If breached, the court may replace it with a more severe penalty. Our Kiama criminal lawyers frequently assist clients in preparing for these outcomes.

  • What is a Community Corrections Order (CCO)?

    A Community Corrections Order (CCO) is used where a fine alone is not considered sufficient, but imprisonment is not warranted. CCOs are often imposed for low- to mid-range offences such as theft, vandalism, or drink driving.


    Conditions attached to a CCO may include:


    • Regular reporting to community corrections
    • Performing community service
    • Adhering to a curfew or other restrictions

    A CCO can be in place for up to three years. It allows a person to remain in the community while under supervision and, in many cases, provides access to rehabilitation or treatment services.

  • What is an Intensive Correctional Order (ICO)? Is it gaol?

    An Intensive Correction Order (ICO) is a custodial sentence served in the community under strict supervision by Corrective Services NSW. ICOs are imposed when no lesser penalty is considered appropriate and the sentence is two years or less.


    Conditions may include:


    • Maintaining good behaviour
    • Regular drug or alcohol testing
    • Completing a set number of community service hours
    • Attending rehabilitation or treatment programs

    Failure to comply with an ICO can result in sanctions, including time in prison. Oversight is carried out by the State Parole Authority.

  • Can I go to gaol?

    Imprisonment is reserved for serious offences or situations where no other penalty is suitable. A custodial sentence can have long-term impacts, including on your employment, ability to travel overseas, and even matters such as parenting arrangements or professional accreditation.


    If you are facing the risk of imprisonment in Kiama, obtaining early legal support is critical. In many cases, there may be alternative sentencing options that reduce or remove the need for custody, depending on the circumstances of your case.

Get Trusted Criminal Law Advice in Kiama

If you would like to discuss your case with our criminal law team, please get in touch. We are available 24/7 to help you and offer a free initial consultation.

Related Articles

NSW criminal records what appears and what you need to know

By Harry Webb, Lawyer • February 2, 2026
A criminal record is an official record of a person’s criminal convictions and interactions with the criminal justice system. What shows up on your record during a background check can vary depending on the type of offences and who is conducting the check. Are all offences included in my criminal record? Not every offence results in a criminal record. Some minor offences can be dealt with by Police on the spot (sometimes called an infringement or a ‘ticket’), rather than through the courts. This is usually a matter of discretion for the police, depending on the seriousness of the offence. If your matter goes to court and you are found guilty and sentenced, it will appear on your criminal record. How long does a criminal record last in NSW? Your criminal record is usually permanent, and a lifelong record is held by the police and the courts. However, some convictions can be: “Quashed” (overturned by the court) “Extinguished” (for certain historical offences which are no longer crimes), or Become “spent”, meaning they aren’t fully erased but become non-disclosable in most situations. What are ‘spent’ convictions? In NSW, the Criminal Records Act 1991 creates a scheme which allows minor criminal convictions to become "spent" after a crime-free period. Once a conviction is spent, you generally don't need to disclose it and it usually won’t show on a police check. This scheme was designed to prevent discrimination for people who have demonstrated a change in behaviour. There are exceptions to this scheme for more serious crimes and disclosure for certain jobs like teaching and policing. All offences can become “spent”, except: Convictions with prison sentences of more than 6 months Convictions for sexual offences Convictions imposed against bodies corporate Any offences set out in the regulations. Note: The “spent” convictions scheme applies to offences and convictions in jurisdictions outside of New South Wales (such as other states) which correspond (or which correspond as closely as possible) to the relevant New South Wales offences and convictions. When is a conviction spent? Under Section 8(1) of the Criminal Records Act 1991 a conviction is spent on completion of the relevant ‘crime free’ period. This is automatic and you do not need to apply to have a conviction spent after the crime free period. For adults, this period is 10 consecutive years after the date of the conviction, during which: The person has not been convicted of an offence punishable by imprisonment The person has not been in prison because of a conviction for any offence and has not unlawfully been at large There is no statutory or prescribed exclusion that applies. For convictions in the Children’s court, this period is 3 consecutive years, where: The person has not been subject to a control order, and The person has not been convicted of an offence punishable by imprisonment, and The person has not been in prison because of a conviction for any offence and has not been unlawfully at large. Who can see my “spent” convictions? If a conviction is “spent”, you generally do not have to disclose it, and any questions about your criminal history are taken to refer only to unspent convictions. However, there are exceptions. Spent convictions may still appear when checks are made for certain roles, including: working with children police officers / law enforcement teachers and teacher’s aides disability support work corrective services staff in immigration detention centres firefighting or fire prevention Law enforcement agencies, including all State and Territory police, can also access and share information about spent convictions to other law enforcement agencies and the court. Archives and libraries can also disclose to a member of public or to another library or archive material that contains information relating to spent convictions if the material is normally available for public use. Can someone disclose my spent convictions? It is an offence for anyone with lawful access to conviction records to disclose information about spent convictions without lawful authority. The maximum penalty for doing so is $5,500 fine and/or 6 months imprisonment. It is also an offence to obtain or attempt to obtain information concerning a spent conviction fraudulently or dishonestly, and this carries the same penalty. If you have a criminal record and are unsure about what will show up, or whether a conviction is spent, you should get in touch with a criminal lawyer. Contact our highly experienced criminal and traffic law team for a FREE consultation to help you understand your criminal record and what it means for you.
nsw bail laws kells lawyers

NSW Bail Laws just got tougher: what the 2024 – 2025 changes really mean

By Patrick Schmidt, Partner • December 3, 2025
NSW bail laws tightened in 2024 – stricter “show cause” rules & unacceptable risk tests mean more people refused bail. Kells Criminal Lawyers fight for release 24/7.
A gloved hand holding a test tube over evidence bags with the word

Cold case justice: Sydney’s Night Stalker rapist finally caught

By Patrick Schmidt, Partner • October 1, 2025
Glenn Gary Cameron, the Night Stalker, is finally caught after 30 years. Learn how forensic science helped in this blog.
A person in handcuffs is wearing blue jeans

What Is bail?

By Teagan McConchie, Lawyer • June 26, 2025
Bail lets an accused await trial outside custody. Learn what courts consider and why legal help matters. Read on for expert legal insights on bail applications.
View More

Speak to a Criminal Lawyer

We’ll stand by you and protect your rights every step of the way—no matter the charge.

Crime

Area of Expertise