There is a difference between a person breaking the law and being charged with the correct criminal offence.
If you have done the wrong thing, you shouldn't assume that the police have charged you with the appropriate offence without first seeking legal advice.
Here's what you need to know about appropriate charging.
Choice of Charge
Once a person is charged with an offence, prosecutors will decide whether the charges selected adequately and appropriately address the criminality alleged.
New South Wales prosecution guidelines make it clear that prosecutors must consider whether:
- Substantive charges reflect the offences actually committed.
- The charges enable enable the matter to be dealt with fairly and expeditiously according to law.
