Hamilton Janke Lawyers

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Hamilton Janke Lawyers

Hamilton Janke Lawyers is a boutique criminal defence firm utilising the best Solicitors, Barristers Need a criminal lawyer or traffic lawyer?

Consider Hamilton Janke Lawyers. Serving clients throughout all courts in NSW. Criminal and traffic offences, drug offences, assaults and AVOs, fraud offences, sexual offences, drink driving, disqualified driving, driver licence appeals, drug driving and more. Voted top 3 best criminal lawyers on three best rated. And, recognised as Leading Criminal Lawyers by Doyles Guide for criminal and traffic law. Fierce, dedicated legal representation - when you need it most.

24/7 emergency criminal defence services. Need a solicitor you can rely on? Hamilton Janke Lawyers will look after you. Call no for an obligation-free phone call.

08/10/2026

There has been a major change to dangerous driving sentencing in NSW.

On 18 September 2026, the NSW Court of Criminal Appeal revoked the Whyte guideline, which had shaped sentencing for dangerous driving causing death or grievous bodily harm since 2002.

A custodial sentence is still the usual outcome for these offences. However, the old reference points are gone, and courts must now reason their way to a sentence differently.

Our latest article explains what the Court decided, why Whyte was revoked, and what it means for anyone currently facing a section 52A charge.

Read the full article here: https://www.hamiltonjanke.com.au/what-cripps-v-r-means-for-nsw-dangerous-driving/

29/09/2026

Two things about Final AVOs in NSW that are widely misunderstood, and one recent change worth knowing.

As of March 2026, NSW Local Court magistrates are officially titled judges. Older material referring to "the magistrate" in AVO proceedings describes the same role under its previous name.

On consenting to a Final AVO: Final Orders made by consent, create exactly the same obligations for a Defendant as if a Final Order was made after a Court Hearing of the matter, although, one benefit to consenting is that one can do so "without admissions", which means that no finding is made against the Defendant by the Court as to the conduct alleged by the Applicant which grounds the Application.

Consenting does convert your right to appeal the decision into an appeal by leave, but that right doesn't disappear.

If you consented and now want to contest the order, filing a variation application is usually the wrong move. The Court can refuse to hear it where nothing has changed and it's really an appeal in disguise.

Our article covers these issues and every route available to challenge, vary or revoke a Final AVO in NSW.

Read the full article here: https://www.hamiltonjanke.com.au/appeal-an-avo-in-nsw/

24/09/2026

Big news from the Hamilton Janke Lawyers team.

Congratulations to Alexandra White, who has been promoted to Senior Associate at the firm.

Alex has been part of Hamilton Janke since 2023, first as a Senior Solicitor and then as an Associate. Across that time, she has defended clients in some of the most serious criminal matters heard in NSW courts. From serious driving offences and assaults through to fraud, sexual assault, and murder.

Alex is a skilled and tenacious advocate, and this promotion reflects her commitment to our clients and the firm.

Well deserved, Alex.

22/09/2026

A Final AVO made by the Local Court in NSW can affect far more than most people realise before the order is made.

A final order can automatically revoke a fi****ms licence with no notice or process, remove you from a lease, affect parenting arrangements, flag on visa applications, and bar you from security work.

The AVO itself won't appear on a criminal record check but a conviction for breaching it will, and in domestic matters, it records as a domestic violence offence.

Our article covers the full consequences of a Final AVO in NSW, along with the routes available to appeal the decision, or vary or revoke the order.

Read the full article here: https://www.hamiltonjanke.com.au/appeal-an-avo-in-nsw/

17/09/2026

If a Final AVO has been made against you in NSW by the Local Court, you have 28 days to appeal the decision to the District Court.

Most people don't act quickly enough and by the time they seek advice, the options have narrowed.

Our latest article walks through all four routes available: appealing to the District Court, seeking leave to appeal after 28 days, applying for an annulment if you weren't at court, and applying to vary or revoke the order. Each has its own deadline, its own court, and its own test.

The article also covers what happens to the order while you appeal (it keeps running), whether consenting affects your appeal rights (it doesn't end them), and the fi****ms licence consequences most people don't find out about until it's too late.

Read the full article here: https://www.hamiltonjanke.com.au/appeal-an-avo-in-nsw/

09/09/2026

Charged with a drink driving offence in NSW?

The range you fall into (there are five) determines almost everything: the fine, the disqualification period, whether you need an alcohol interlock device, and whether the matter is dealt with by penalty notice or in court.

Most people don't realise that mid-range PCA carries a mandatory interlock order on a first offence, that the interlock program costs more than the fine itself, or that paying the on-the-spot fine for a low-range offence gives up your right to argue for a better outcome in court.

Our latest article covers all five ranges, the penalties, the interlock program, and how to protect your record if it's your first time facing this charge.

Read the full article here: https://www.hamiltonjanke.com.au/drink-driving-offences/

03/09/2026

The High Court ruled on 5 August 2026 that a woman who secretly recorded her husband admitting to r**e had made the recording lawfully.

All five justices agreed: her lawful interest was her bodily autonomy and integrity - her right not to be r**ed.

The decision carries persuasive weight in NSW, but it is not a blanket green light for covert recordings. In NSW, secretly recording a private conversation carries up to five years' imprisonment. An exception exists, but whether it applies depends entirely on the circumstances.

Our article explains what the High Court actually decided, how it translates to NSW law, and what to do if a recording features in your matter.

Read the full article here: https://www.hamiltonjanke.com.au/covert-recording-and-domestic-violence-ruling/

31/08/2026

Ten fraud convictions from a five-month Supreme Court trial have been quashed by the NSW Court of Criminal Appeal.

The decision followed an extraordinary sequence of juror irregularities: a foreman who had been conducting internet searches about the accused, selling drugs to another juror, and a subsequent allegation that jurors had been offered money to return not guilty verdicts.

Our article explains what the Court actually found, the legal test that was applied, and the important distinction between a quashed conviction and an acquittal.

Read the full article here: https://www.hamiltonjanke.com.au/juror-misconduct-quashed-convictions-nsw/

20/08/2026

Most people assume assault requires physical contact. In NSW, it doesn't.

Common assault covers unlawful physical force and threats, no injury and no physical contact are required for a charge to be laid.

But a charge is not a conviction. The prosecution must prove every element beyond reasonable doubt, and common assault is often more defendable than it first appears.

Our page on common assault in NSW explains what the offence covers, what the prosecution must prove, the defences that apply, and how to protect your record if you've been charged.

Read it here: https://www.hamiltonjanke.com.au/criminal-law/common-assault/

10/08/2026

A day in the life of a criminal lawyer rarely looks like what people expect.

For Georgina Price, Senior Solicitor at Hamilton Janke Lawyers, a good day means a client walking out of court with a fair outcome after one of the most difficult periods of their life.

Georgie's path to criminal law took her from the ANU with first class honours, through MinterEllison, an associateship with a District Court Judge, the implementation of the Child Sexual Offence Evidence Program across NSW, and into practice with the Aboriginal Legal Service in Newcastle - where she became the inaugural solicitor in the Women's Bail Advocacy Program.

She joined Hamilton Janke Lawyers in early 2025, was promoted to Senior Solicitor, named a Lawyers Weekly 30 Under 30 finalist, and recognised in the Doyle's Guide 2026 rankings across both criminal and traffic law.

Not a bad year.

Read more about Georgie and what drives her work in criminal law: https://www.hamiltonjanke.com.au/spotlighting-lawyers-weekly-30-under-30-finalist/

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Newcastle, NSW
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