(+612) 9299 0255 richard@rslawyers.com.au

Criminal

Law Services

Innocent until proven guilty. 

Do not make any admissions or statements until speaking to us.

We specialise in Section 10 Applications.

criminal law services

Innocent until proven guilty

We have worked with Sydney’s top Criminal Law junior and senior barristers whose services we can offer you.

You are innocent until and unless proven guilty ‘beyond reasonable doubt’ by a court of law. If you have been accused of any criminal offence, do not make any admissions or statements to the arresting police officers without first speaking to Shakenovsky & Associates by calling our office on (02)9299-0255 or Richard Shakenovsky on his mobile on 0411689960.

With some 40 years of relevant legal practise, we can advise you on all Criminal Law matters. You can rest assured that we will provide you with the best possible legal advice and service in order to best protect your interests.

Our firm aligns itself with the most revered and accredited of junior and senior Criminal Law barristers, who we brief in more complex and serious Criminal Law matters.

Why choose Shakenovsky & Associates as your Criminal Law solicitors?

At Shakenovsky & Associates, the alleged offence or offences with which you have been charged will be properly and carefully assessed. You will be appropriately advised of the evidence necessary to successfully defend the charges, where appropriate.

If you are advised to plead guilty to the charge, you will be well advised and guided on appropriate evidence in support of mitigation of sentence.

At Shakenovsky & Associates, we strive to achieve the best possible result available in law to our clients. 

Richard Shakenovsky, being a former Police Officer, coupled with many years of working with both police and Department of Public Prosecution prosecutors, we understand criminal law and how the criminal court system work.

We understand the consequences of criminal offences, what such consequences mean to our clients and take them very seriously. We certainly appreciate the anxieties our clients are going through when charged with any criminal offence.

We will ensure that you receive the best possible legal service and most competent advice available. If necessary, we will brief appropriate legal counsel (junior and/or senior barristers specialising in Criminal Law) with sufficient competence and experience to best advise on the offences with which you have been charged.

 

Guilty Pleas

In appropriate cases, where you are advised to plead guilty, we are highly competent in the preparation of mitigation of sentence evidence and submissions. You will receive the best advice of the evidence required to bring about the best results for you before the criminal court.

Where appropriate, why not plead guilty and avoid a conviction and punishment? 

We specialise in applications for s9 and s10 Orders. 

S 9 and S 10 of the Crimes (Sentencing Procedure) Act 1999 (Cth)

 

9   Conditional Release Orders

(1)  Instead of imposing a sentence of imprisonment or a fine (or both) on an offender, a court that finds a person guilty of an offence may make a conditional release order discharging the offender, if—

(a)  the court proceeds to conviction, or

(b)  the court does not proceed to conviction but makes an order under section 10 (1) (b).

(2)  In deciding whether to make a conditional release order with a conviction, the sentencing court is to have regard to the following factors—

(a)  the person’s character, antecedents, age, health and mental condition,

(b)  whether the offence is of a trivial nature,

(c)  the extenuating circumstances in which the offence was committed,

(d)  any other matter that the court thinks proper to consider.

(3)  To avoid doubt and without limitation—

(a)  a fine and a conditional release order cannot be imposed in relation to the offender in respect of the same offence, and

(b)  a conditional release order with a conviction may be made as an alternative to imposing a fine.

(4)  This section is subject to the provisions of Part 8.

 

10   Dismissal of charges and conditional discharge of offender

(1)  Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders—

(a)  an order directing that the relevant charge be dismissed,

(b)  an order discharging the person under a conditional release order (in which case the court proceeds to make a conditional release order under section 9),

(c)  an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.

(1A)  A reference in any legislation (including this Act) to an order under this section includes, in the case of an order under subsection (1) (b), a reference to a conditional release order made under section 9 pursuant to that paragraph.

(2)  An order referred to in subsection (1) (b) may be made if the court is satisfied—

(a)  that it is inexpedient to inflict any punishment (other than nominal punishment) on the person, or

(b)  that it is expedient to discharge the person under a conditional release order.

(2A)  An order referred to in subsection (1) (c) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.

(2B)  Subsection (1) (c) is subject to Part 8C.

(3)  In deciding whether to make an order referred to in subsection (1), the court is to have regard to the following factors—

(a)  the person’s character, antecedents, age, health and mental condition,

(b)  the trivial nature of the offence,

(c)  the extenuating circumstances in which the offence was committed,

(d)  any other matter that the court thinks proper to consider.

(4)  An order under this section has the same effect as a conviction—

(a)  for the purposes of any law with respect to the revesting or restoring of stolen property, and

(b)  for the purpose of enabling a court to give directions for compensation under Part 4 of the Victims Compensation Act 1996, and

(c)  for the purpose of enabling a court to give orders with respect to the restitution or delivery of property or the payment of money in connection with the restitution or delivery of property.

(5)  A person with respect to whom an order under this section is made has the same right to appeal on the ground that the person is not guilty of the offence as the person would have had if the person had been convicted of the offence.

 

Areas of service

  • Traffic Offences 
  • Drug Offences
  • Assault
  • Theft and Larceny
  • Murder and Manslaughter
  • Perjury and False accusations
  • Misappropriation of assets and funds
  • Computer offences and cybercrime
  • Affray and public violence
  • AVOs (Apprehended Violence Orders)
  • Use of prohibited substance while driving
  • Fraud (including common law fraud, cyber fraud, tax fraud)
  • Extortion and blackmail
  • Malicious damage to property
  • Stalking and intimidation
  • Break and enter offences
  • Bankruptcy crimes and crimes under the Corporations Act 2001 (Cth)
  • Money laundering
  • Sex crimes and sexual offences
  • Offences under the Fair Work Act 2009 (Cth)
  • Misappropriation of trust funds and assets
  • Bribery and Corruption
  • Insider trading
  • Court Appearances
  • Pleas and Mitigation of Sentence
  • Unlawful possession of firearms
  • Appeals

 

General advice provided

We will advise you of the court process, the penalties and sentencing options in New South Wales and the appeal process.

Legal Costs

You will be advised of an estimate of our legal costs at the initial consultation once we have assessed the nature of the offence and the work that will be required in order to prepare for a plea of guilty or not guilty and of counsel’s charges, where appropriate.

Contact Us

richard@rslawyers.com.au

(+612) 9299 0255

0411 689 960

(+612) 9299 6567

Level 4, Suite 401/191 Clarence St, Sydney NSW 2000, Australia

GPO Box 5432, Sydney, NSW 2001

M-F: 8am-5pm

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