Criminal defence · Canberra and the ACT
Criminal defence and trial lawyer in Canberra.
Serious criminal charges in the ACT are heard in the ACT Supreme Court, and the way a matter is run from the first mention decides how it ends. Aaron Kernaghan is a criminal defence trial lawyer who runs serious and complex matters throughout the ACT Magistrates Court and the ACT Supreme Court, from bail and committal to jury and judge-alone trials and appeals.
- FocusSerious crime & trialsIndictable matters and appeals
- ACT courtsMagistrates & SupremeBail, committal, trial, appeal
- TrialsJury & judge-aloneSupreme Court, s 68B election
- Direct line0421 717 019Confidential, day or night
Built for serious matters and trials.
Most criminal work never reaches a jury. A trial practice is built differently. It is built around the brief of evidence, the elements the prosecution has to prove, and the decision, made early and deliberately, about whether a matter is defended and how. Aaron Kernaghan runs ACT matters that way from the first conference: reading the brief, testing the Crown case, and preparing every matter as if it will be defended, whether it resolves or goes to trial.
That approach matters most in the ACT Supreme Court, where the serious indictable matters are heard. It also changes how the early stages in the ACT Magistrates Court are run, because bail, disclosure and the committal decision all shape the trial that may follow.
Serious crime in the ACT
Murder and manslaughter, serious sexual offences, serious drug matters, aggravated robbery and burglary, grievous bodily harm, firearms, and white-collar and Commonwealth matters.
Trial and serious-crime practice →Jury and judge-alone trials
The ACT lets an accused elect a trial by judge alone for many offences under s 68B of the Supreme Court Act 1933. That election is a real strategic decision, and it is one the volume firms rarely explain.
How the election works →Bail and the first appearance
Bail in the ACT turns on which presumption applies to the charge. For the most serious matters the test is special or exceptional circumstances. The first appearance sets the tone for everything after it.
Bail in the ACT →How a serious ACT matter moves through the courts.
The ACT has no District Court. That is the first thing that surprises people who know the New South Wales system. There are two levels of trial court: the ACT Magistrates Court and the ACT Supreme Court, with appeals to the Court of Appeal. Summary matters stay in the Magistrates Court. Serious indictable matters start there, pass through a committal decision, and are then tried in the Supreme Court.
Each of those stages is set out in plain terms in the pages below. They are written for people who want to understand what is actually going to happen, not a brochure.
- ACT Magistrates Court vs the Supreme Court
- Indictable vs summary offences in the ACT
- Committals: how an indictable matter reaches the Supreme Court
- Bail in the ACT and the presumptions
- Jury vs judge-alone trials in the ACT
- Going to trial in the ACT Supreme Court
- Sentencing options in the ACT
- Police interviews and your right to silence in the ACT
- What a criminal lawyer costs in Canberra
Charges we defend in the ACT.
Each page below sets out the ACT offence, the section, the maximum penalty, which court hears it, the elements the prosecution must prove, and the defences and sentencing options that matter. ACT offences sit in different Acts and carry different section numbers from New South Wales, so a page written for one jurisdiction does not do the job for the other.
- Murder and manslaughter (ACT)
- Sexual assault and related offences (ACT)
- Grievous bodily harm (ACT)
- Assault and assault occasioning ABH (ACT)
- Drug trafficking (ACT)
- Drug possession (ACT)
- Robbery and aggravated robbery (ACT)
- Burglary and aggravated burglary (ACT)
- Theft (ACT)
- Fraud and deception offences (ACT)
- Firearms offences (ACT)
- Property damage and arson (ACT)
- Family violence and breaching an FVO (ACT)
- Affray and public violence (ACT)
- Drink driving and DUI (ACT)
- Culpable driving causing death (ACT)
- Dangerous and negligent driving (ACT)
- Driving while disqualified (ACT)
- Kidnapping (ACT)
- Stalking (ACT)
- Blackmail and extortion (ACT)
- Child abuse material (ACT)
- Offensive weapon and knife (ACT)
- Breach of bail and fail to appear (ACT)
- Perverting the course of justice (ACT)
Commonwealth and federal matters.
Canberra is a federal town, so many serious matters here are Commonwealth matters, prosecuted by the Commonwealth DPP and run under Commonwealth law. They carry their own traps, including that a serious federal charge is tried by a unanimous jury with no judge-alone option. This is a core part of the practice.
Guides and resources.
Plain-English guides to how the ACT system works and how to approach a serious matter.
Appearing across the ACT.
Matters are run throughout the ACT, from the Magistrates Court on Knowles Place through to the Supreme Court, wherever the client is based. The pages below set out how matters proceed for people in each part of Canberra and the surrounding region.
Why this practice, for a serious ACT matter.
Aaron Kernaghan was admitted in 2000 and has 26 years of trial and appellate practice across every Australian state and territory and the federal courts. He led the defence in R v Simon Fleming, the first trial of its kind in Australia, and has appeared in serious matters from the Local and Magistrates Courts through to the Courts of Criminal Appeal and the Supreme Courts.
A serious charge is not a volume matter, and it should not be run like one. It needs a lawyer who reads the brief, forms a view on the Crown case, and can run the trial if the trial is the right course. That is the work this practice is built for.
Frequently asked.
Do you handle serious criminal matters and trials in Canberra?
Yes. The practice is built around serious and complex ACT criminal matters, including murder and manslaughter, serious sexual offences, serious drug matters, and other indictable offences tried in the ACT Supreme Court, along with bail, committals and appeals.
Which courts do you appear in?
The ACT Magistrates Court and the ACT Supreme Court, including the Court of Appeal. Aaron Kernaghan appears in person at ACT mentions and hearings.
What is the difference between the ACT and New South Wales systems?
The ACT has no District Court. There are two trial courts, the Magistrates Court and the Supreme Court. ACT offences also sit in different Acts, the Crimes Act 1900 (ACT) and the Criminal Code 2002 (ACT), with different section numbers and penalties from New South Wales.
Can I choose a judge-alone trial in the ACT?
For many offences, yes. Section 68B of the Supreme Court Act 1933 (ACT) lets an accused elect to be tried by a judge alone rather than a jury, subject to conditions and to a list of excluded offences. Whether to elect is a strategic decision that should be made on advice.
How do I speak to a lawyer about a Canberra matter?
Call 0421 717 019. The first conversation is confidential, and it is with the lawyer who will run the matter, not an intake operator.
Serious charge in the ACT? Speak to a trial lawyer first.
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019