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.

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/

06/08/2026

"I was drunk at the time" - does it matter in a NSW criminal matter?

It depends entirely on the type of offence and how the intoxication occurred.

In NSW, intoxication is not a complete defence. But it can be relevant, particularly where the intoxication was involuntary (a spiked drink, unexpected medication reaction), or where the offence requires proof of a specific intention.

Our latest article breaks down the voluntary vs involuntary distinction, specific intent vs basic intent offences, and the Dutch courage rule that stops people from deliberately getting drunk to avoid criminal responsibility.

If intoxication is a factor in your matter, this is worth reading before your next step.

Read the full article here: https://www.hamiltonjanke.com.au/intoxication-defence/

30/07/2026

Blackmail in NSW doesn't require a shadowy exchange or a powerful target.

Under section 249K of the Crimes Act, making an unwarranted demand with menaces - with the intention of gaining a benefit or causing a loss - carries up to 10 years' imprisonment. Threatening to accuse someone of a serious criminal offence carries up to 14 years.

What surprises most people: you can be convicted even if the target ignored the demand entirely and you received nothing. The offence is complete when the demand is made.

Our article explains exactly what the law requires the prosecution to prove, how the offence is dealt with in court, and what to do if you've been charged.

Read the full article here: https://www.hamiltonjanke.com.au/blackmail-offence/

22/07/2026

Most people hear "negligent driving" and assume it's a minor traffic fine.

Depending on the outcome, it can mean imprisonment and mandatory licence disqualification.

Negligent driving is a criminal offence with three tiers in NSW. The least serious is usually handled by an infringement notice. The two more serious tiers, where the driving causes grievous bodily harm or death, carry real prison time and an automatic loss of licence.

Our latest article explains the three tiers, how negligent driving differs from dangerous driving, the defences that may apply, and what to do if you've been charged.

If you or someone you know is facing a negligent driving charge, this is worth reading before your next step.

Read the full article here: https://www.hamiltonjanke.com.au/what-is-negligent-driving/

15/07/2026

Charged with an offence? Asked to attend a police interview? Handed a Court Attendance Notice?

The first question most people ask is whether they actually need a lawyer. The honest answer depends on what's at stake, but one thing is consistent: acting early gives you far more options than waiting to see what happens.

Our latest article walks through the four representation options available in NSW, when free help applies (and when it doesn't), and the moments where getting advice early makes the biggest difference to your outcome.

If you or someone you know is facing a criminal or traffic matter, this is worth reading before your next step.

Read the full article here: https://www.hamiltonjanke.com.au/do-i-need-a-criminal-lawyer/

06/07/2026

The Hamilton Janke team have headed home after three great days at the Legal Aid NSW’s Criminal Law Conference 2026.

A fantastic event this year, with strong sessions from friends of the firm and barristers we work closely with, including Elizabeth McLaughlan (Maurice Byers Chambers) and Rory Pettit (Forbes Chambers).

This conference is one of the highlights of our year. A genuine opportunity to connect with colleagues across the criminal law community, share ideas, and come home sharper for our clients.

Congratulations to Sara Crane, Rob Hoyles, and the entire Legal Aid NSW team on an excellent event. Already looking forward to next year.

01/07/2026

NSW Police officers have been charged with accessing restricted data and the offence involved is one that applies well beyond law enforcement.

Under section 308H of the Crimes Act, accessing data you're not authorised to see, while knowing you shouldn't, is a criminal offence. No hacking required. It applies to anyone with login access to a workplace system: police databases, customer records, HR files, patient data.

Two matters involving NSW Police officers are currently before the Local Court in the Hunter region, both arising from Professional Standards Command investigations.

Our latest article explains the offence, how these cases are built, and what to do if you're under investigation.

Address

Level 1, 380 Hunter Street
Newcastle, NSW
2300

Website

http://www.hamiltonjanke.com.au/

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