Voyeurism – s 91J Crimes Act 1900

It is an offense for you to observe another person engaging in a private act, without that persons consent, and you knowing that this person does not consent, for your sexual gratification or arousal.

Our criminal lawyers in Sydney have significant experience in court for these charges with an incredibly high rate of proven success for their clients over many years. It is important to receive quick, realistic and honest advice on all your options with the very best kind of legal representation in court.

Your Options in Court

The main focus at Criminal Defence Lawyers Australia is on getting your charges dropped at an early stage, something our lawyers have done countless times for their clients. Our experienced defence lawyers will provide you with realistic options with the best way forward to proving your innocence.

Defences to this charge

You are NOT GUILTY to the charge of Voyeurism if the prosecution are unable to prove beyond reasonable doubt, any one of the following:

  • You observed the alleged victim “engaged in a private act”
  • You did this to obtain sexual gratification or arousal
  • You did this without the alleged victim’s consent
  • You knew that the alleged victim did not consent to being observed
  • You will also be found not guilty if you committed this offence under duress or necessity
  • In the case of a charge of “aggravated circumstances” of this charge, there were no aggravating circumstances.

It is important to speak with a specialist criminal lawyer who can guide you with all your options with realistic and practical advice before pleading guilty. Our experts can guide you in the best way forward to maximise your chances at getting the best possible result should you plead guilty.

If pleading guilty, it is important to understand the following in preparing your case to maximise your chances at getting the most lenient possible punishment.

25% discount on punishment

The earlier you enter the plea of guilty in court, the more the discount you are actually entitled to from the court when being punished by the Judge. The later you enter the plea of guilty, the less discount you get. This is why it is critical to obtain urgent, quick and accurate advice on your options as early as possible to get the best possible outcome.

Good character references

Good character references can really paint a great picture to the Judge of who you really are and what other people say about you, who actually know you.

It is important to understand that certain things should and should not be included into these references. Our team of lawyers will guide you with this and ensure that you get the format correct to maximise the impact that these references will have on your case in your favour.

Negotiate to drop charges

Our specialist criminal lawyers have convinced police to drop and downgrade charges for years. This completely stops any further court proceedings against our clients. You will be amazed at how often this actually occurs. It is always the first option our team of lawyers pursue, and they have developed an expert skill in doing it.

This is often achieved by carefully reading the police evidence, picking out all the holes in the police evidence, and then using those holes in the evidence in a way that maximises your chances at getting the charges dropped.

Negotiate facts

There are the options of negotiating your current charges and the alleged facts with the police. Our specialist lawyers have convinced police to drop our clients charges to less serious charges and change the facts of what happened to something far more favourable.

The police facts are what the Judge will read before giving you a punishment. The punishment you get is dependent on what is said in the police facts. The more favourable those facts are to you, the less serious the punishment will be generally. This is why it is important to pursue the avenue of negotiating changes to the police facts.

Psychologist reports

Expert reports from psychologist or psychiatrists are extremely important in most cases, and highly recommended by our team of lawyers for the following reasons:

  • It is one of the best ways to provide the court with an explanation, rather than a justification for why you committed the offence. Good way of explaining your side of the story.
  • The best way to explain to the Judge that you were suffering a mental illness or condition at the time of the offence. As only a psychologist or psychiatrist can diagnose you, once diagnosed and put into the psychologist report, the court by law should give you a less serious punishment.
  • It is one of the best ways of expressing your remorse and contrition. A way to say sorry and show that you have an understanding of why your conduct was wrong and you will never do it again.
  • It provides the court with the benefit of determining whether you have demonstrating that you are now on the road to recovery by seeing doctors and psychologists and counsellors to ensure that you will not offend again. If the court finds this in your favour, you will be given a more lenient punishment.

Our team of Sydney’s best criminal lawyers have selected a few of the best expert psychologists and psychiatrists to obtain reports from putting you in the best possible position at getting the best possible outcome in court.

Maximum penalty

Although the offence of Voyeurism carries a maximum punishment of up to 2 years imprisonment, the courts generally do not give the maximum punishment. The maximum is usually reserved for the most serious offenders of this kind.

The maximum punishment for this charge is up to 5 years imprisonment where there are aggravating circumstances. The maximum is generally not given by courts and reserved to the most serious cases.

Types of penalties

There are many other options of punishment that the Judge can give you, which include:

Our team of highly experienced specialist criminal lawyers will carefully prepare your case from the beginning right to the end of your case. They will powerfully present your version to the court and guide you to maximise your chances at getting the best possible outcome in court.


A person is engaged in a private act if he or she:

  • Is in a state of undress, using the toilet, showering, bathing, engaged in a sexual act of a kind not ordinarily done in public, or any other like activity, in circumstances where that person would ordinarily expect privacy.

This is where the person you observed was a child aged less than 16 years, or you constructed or adapted the fabric of a building for the purpose of committing the offence of Voyeurism in the way described above.