BRIAN WALKER CRIMINAL LAWYER
No Criminal Record
When being found guilty for a criminal offence, a criminal record (also known as a conviction) can have devastating effects on a person. Generally, a criminal record will last with someone for 10 years. This can make job applications, visa applications etc. very difficult. It can result in a person losing their job and/or losing their freedom to travel internationally.
BRIAN WALKER CRIMINAL LAWYER
No Criminal Record
When being found guilty for a criminal offence, a criminal record (also known as a conviction) can have devastating effects on a person. Generally, a criminal record will last with someone for 10 years. This can make job applications, visa applications etc. very difficult. It can result in a person losing their job and/or losing their freedom to travel internationally.
My client was charged with Sexual Touching Without Consent which carries a maximum penalty of 5 years imprisonment.
My client plead not guilty and whilst awaiting for a court hearing date, extensive negotiations occurred with the prosecution which were ultimately successful. As such, prior to the court hearing date, the sexual touching without consent charge was withdrawn.
This was a great result for my client who was facing a maximum penalty of 5 years imprisonment if found guilty of the offence as alleged.
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My client was charged with multiple counts of intentionally sexually touching a child between the ages of 10 to 16 years. My client plead not guilty to the charges and the charges were contested during a multi-day contested hearing at Maitland and Newcastle Local Court’s.
A number of subpoena’s were issued to relevant Government Department’s who had information related to the complainant which could assist the accused’s case. The subpoena’s were objected to by the complainant but parts of the subpoenaed information was released to the accused.
The NSW Office of Department of Public Prosecutions (ODPP) prosecuted the sexual touching of a child allegations and despite the ODPP submitting to the learned Judge that my client should be found guilty, His Honour was not satisfied beyond a reasonable doubt that my client was guilty and subsequently all charges were dismissed.
This was a great result for my client who was looking at the prospects of imprisonment if he was found guilty.
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My client was charged with an assault arising out of a domestic incident as well as an apprehended domestic violence order (AVO).
Initially my client was going to plead guilty, but after reviewing the allegation, a legal admissibility issue arose with evidence in the prosecution case. Based on this, my client was advised to plead not guilty which they followed.
At the hearing, due to evidence admissibility issues, both the criminal charge and AVO were dismissed.
This was a great result for my client whom is able to maintain their prior good character without the police charge and AVO effecting any of their future endeavours.
My client was charged with assault arising out of an incident at The Star Casino in Sydney.
After initially pleading not guilty, my client plead guilty following advice.
During sentencing submissions, submissions were provided to the Court on behalf of my client noting their remorse, contrition and rehabilitative efforts after the offence. Submissions were provided as to why it was unlikely that my client would re-offend and why rehabilitating my client should play an important role in determining a suitable sentence.
Ultimately His Honour was satisfied that my client ought to be able to leave the court with their prior good character intact and sentenced my client to a Conditional Release Order without recording a conviction.
This was a great result for my client whose job, career and travel prospects will not be effected by this criminal charge.
My client was arrested and charged with common assault and property damage arising out of a domestic incident.
Following advice, my client plead guilty and his matter was adjourned for sentencing. My client engaged in a rehabilitative program including cognitive behavioural therapy in an effort to address the reasons behind his offending behaviour.
During sentencing proceedings before a learned Magistrate at Penrith Local Court, submissions were made on behalf of my client involving his rehabilitative efforts, his years of service to the community, why his chances of re-offending were low and why his prospects of rehabilitation were high.
Ultimately whilst His Honour acknowledged that domestic violence offences are treated seriously in contemporary Australia, in my client’s case, His Honour was satisfied that a conviction would not be the appropriate sentencing option. As such, my client was sentenced to a Conditional Release Order without conviction.
This was a fantastic result for my client who was able to leave Court with his good name and character still intact!
My client was charged with a number of charges arising out of an incident at a licensed premises. Following negotiations with police, my client agreed to plead guilty to some charges including assault police in the execution their duty and common assault upon other charges being withdrawn.
During sentencing submissions, my client’s personal and subjective circumstances were presented to the court including a number of mitigating factors such as, my client’s age, a lack of criminal antecedents, and my client’s role in the community.
Ultimately whilst assaulting police should never be regarded as an inconsequential offence, in this matter, His Honour was satisfied that a conviction should not be recorded and my client was placed on a Conditional Release Order Without Conviction.
This was a great result for my client who can now continue with their rehabilitative efforts and career aspirations without a criminal record/conviction!
My client was initially found guilty and convicted at Sutherland Local Court. I represented my client upon a Severity Appeal at the Downing Centre.
During the Severity Appeal, submissions were made to the learned Judge concerning the rehabilitative efforts that my client had made after the offending conduct, as well as the context of circumstances at the time which contributed to the offending behaviour.
The law prescribes a number of factors to be considered during consideration of an appropriate sentence. Submissions were made regarding the discount on sentence for pleading guilty, why my client’s chances of recidivism were low and why his prospects of rehabilitation are high.
Ultimately the submissions provided to His Honour were accepted and despite my client initially receiving a supervised bond with a conviction, His Honour quashed the original order made in the Local Court and enacted a conditional release order without conviction.
This was a great result for my client who was able to leave court without a criminal record, being able to pursue his career and travel prospects.
My client was charged with common assault arising out of a domestic dispute. My client initially plead not guilty. During the day of the contested hearing at Liverpool Local Court, I engaged in discussions with the prosecutor. It was agreed that the criminal charge would be withdrawn.
As such, the matter was withdrawn by the learned prosecutor in court and the criminal charge was marked as dismissed!
This was a great result for my client who was able to leave Liverpool Local Court without a criminal record and/or conviction in relation to an allegation of common assault.
My client was charged with common assault and intimidation arising out of a domestic dispute. When sentenced at first instance under different legal representation, a conviction was recorded against my client.
I represented my client upon an appeal at the Downing Centre.
During the appeal proceedings, submissions were provided concerning mitigating factors that influenced my client’s offending, the unlikelihood of my client reoffending and the rehabilitative efforts that could be implemented to provide protection to the community as well as assisting my client.
Ultimately, His Honour was satisfied that a different sentencing result should be ordered and my client was sentenced to a conditional release order without conviction.
This was a great result for my client who was facing the prospect of a criminal record for domestic violence effecting all their future endeavours!
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My client, a medical practitioner, was summoned to an urgent hearing pursuant to section 150 of the Health Practitioner Regulation National Law (NSW) provision.
This is an urgent hearing before the Medical Council of New South Wales which allows the Medical Council to suspend or restrict a medical practitioner’s registration if the Council is satisfied it is appropriate for the protection of the health or safety of any person or if satisfied that it is otherwise in the public interest.
Unlike a court, the Medical Council is not required to make findings of fact and can consider evidence that would otherwise be inadmissible in a court.
If the Medical Council orders a suspension and/or restriction on a medical practitioner’s registration, this can have a disastrous effect on an individual medical practitioner, as they are no longer able to practice medicine.
I provided advice to my client regarding the procedures of the Medical Council hearing as well as what the Medical Council needs to consider to make it’s decision. I assisted my client with the preparation of evidence to support their defence.
At the end of the hearing, the Medical Council decided that it was appropriate to take no action against my client’s registration. This was a great result as it allowed my client to continue practising medicine.
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My client was charged with 9 counts of sexual touching without consent. My client plead guilty and was concerned about the impact of these charges on his future career and travel prospects.
During sentencing proceedings, legal submissions were made regarding the effects of a criminal conviction for a sexual offence and how this would impact the offender in a lifelong sense, as well as the rehabilitative efforts of my client post the offences, the high prospects of rehabilitation and low chance of recidivism.
After sentencing proceedings which lasted multiple days, His Honour was satisfied that the appropriate disposition for the offences was to dismiss the charges. This was a great result for my client who did not receive a criminal conviction for the sexual offences.
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My client was charged with possession of a number of bags of cocaine after being caught purchasing them from a ‘Dial a Dealer’ modus operandi transaction in the Sydney CBD.
My client was greatly concerned about the potential for this criminal charge to derail his professional career that he had worked on tirelessly for a number of years.
Following advice, my client plead guilty. During sentencing proceedings in the Downing Centre, legal submissions were provided to the Magistrate about the need to deter other people in the community taking part in drug transactions and the organised crime that flows from the drug trade. Submissions were also made concerning the punishment and denunciation of my client’s actions which needed to be considered during sentencing. It was also highlighted to the learned Magistrate as to the personal circumstances of my client and the rehabilitative efforts he had made post the offending.
After legal submissions were made, Her Honour decided that it was not warranted to provide my client with a criminal conviction and exercised her discretion to not record a conviction against my client.
This was a great result for my client who was facing the next 10 years with a criminal record for drug possession which would have stifled his professional career aspirations.
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My client was charged with 3 domestic violence offences consisting of 2 charges of common assault and 1 charge of stalk/intimidate.
Following advice, my client plead not guilty and took the matter to a defended hearing at Blacktown Local Court. Whilst police had conducted an interview with my client where my client made certain admissions, this evidence was excluded due to evidentiary issues. During the hearing, the complainant was cross examined regarding the veracity of her claims.
During legal argument, submissions were made to the learned Magistrate concerning the lack of corroborative evidence supporting the complainant’s claims, why key witnesses were not presented by the prosecution (noting the case of Papanikolaou v The Queen [2021] NSWCCA 135) and why there were ulterior motives for the complainant to make these claims against my client.
Noting the legal directions of R v Murray (1987) 11 NSWLR 12 and Liberato v The Queen (1985) 159 CLR 507, His Honour was not satisfied that that the evidence presented by the prosecution was sufficient to make a finding beyond reasonable doubt of the guilt of my client and subsequently all 3 charges were dismissed by His Honour.
This was a great result for my client who has maintained his innocence in relation to the allegations from the start and has now had his name cleared in relation to these allegations.
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My client was charged for his alleged involvement with a prohibited substance amongst other charges. Following advice, my client plead not guilty. One the day of the defended hearing, after negotiating with prosecutors, an agreement was reached whereby the drug charge would be withdrawn. This left only a minor charge that my client agreed to plead guilty to on an amended factual scenario. The amended factual scenario and reduction in charges significantly lowered the objective level of criminality involved in the offending. Given the lower level of criminality, a sentence commensurate with this offending was imposed by the learned Magistrate which resulted in no conviction/criminal record being recorded. This was a great result for my client who was initially facing charges which carried jail time as a maximum penalty.
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My client was charged with a domestic violence related assault arising out of a dispute. After reviewing the matter and providing advice, my client decided to plead guilty.
Upon sentence, submissions were made concerning the mitigating factors in the incident and the efforts that my client had made post the offending. Whilst domestic violence offences are treated seriously by the courts as reflected in sections 4A and 4B of the Crimes (Sentencing Procedure) Act 1999 (NSW), in this particular matter, Her Honour was satisfied that the purposes of sentencing would not be achieved by convicting my client. As such, Her Honour placed my client on a conditional release order without conviction. This was a great result for my client who was facing an offence with a maximum penalty of years in jail.
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My client was charged with two counts of intentionally choke, and a stalk/intimidate charge arising out of a domestic violence allegation. Following advice, my client plead not guilty. A finding of guilt for an intentionally choke charge (even for a first time offender) can result in a prison sentence.
A restrictive provisional apprehended domestic violence order (AVO) was in place which was successfully varied after an interim hearing.
Prior to a full hearing relating to the substantive allegation, negotiations were had with police in an effort to persuade police to withdraw the charges. Ultimately these negotiations were successful and the charges as well as the application for an apprehended domestic violence order (AVO) were withdrawn. This left my client in the same position as before he was charged. This was a great result for my client who was initially looking at the possibility of a jail sentence upon a finding of guilt of one of the allegations of intentionally choke.
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Following police being called to an incident, my client was unlawfully arrested, had Oleoresin Capsicum (OC Spray) used against him, was handcuffed, and was punched by police officers while being detained. My client was arrested and placed into custody before being granted bail by a Local Court Magistrate.
My client was criminally charged and after a defended hearing, had the charges dismissed. My client then pursued civil action against the State of New South Wales (who were vicariously liable for the police officers).
After a hearing was listed in the District Court, settlement negotiations ensued with lawyers for the State of New South Wales. An agreed confidential agreement was reached ending the proceedings. Whilst the terms of the settlement are confidential, this was a great result for my client who was originally criminally charged and ended up receiving and accepting a settlement offer from the State of New South Wales.
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My client was charged with 4 counts of assaulting a police officer in the execution of their duty and 1 count of resisting a police officer in the execution of their duty. After an assessment of the case, my client followed advice and plead not guilty to all charges.
At the contested hearing, the police presented evidence via police body worn video camera showing my client being detained by police. Police officers that detained my client were cross examined as to the conversations that they had with my client and their intentions in detaining my client.
After the evidence had finalised, legal argument was made regarding whether the officers were actually acting in the execution of their duty during their interactions with my client. Three predominant arguments were raised with the court:
- That my client was arrested without any intention to criminally charge him citing the legislation of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (‘LEPRA‘) and the case of New South Wales v Robinson [2019] HCA 46 (‘Robinson‘).
- That my client was arrested for the purposes of “having a chat”, which is unlawful referring to the case of Robinson.
- That my client was not informed as to the reason for his arrest when it was reasonably practicable to do so, citing LEPRA and R v Murray [2020] NSWDC 729.
Generally as well, as the legislation relates to the personal liberty of persons, it requires an interpretation that is strict, citing the case of Smith v Corrective Services Commission (N.S.W.) [1980] HCA 49.
After considering the evidence carefully, Her Honour accepted that the police had a reasonable opportunity to inform my client as to the reason for his arrest and the police had failed to do so. By failing to do so, the police arrest was unlawful, the police officers were not acting in the execution of their duty and as such, all charges were dismissed.
This was a great result for my client who was able to walk out of court with a not guilty verdict for all charges after originally being charged with 5 criminal charges against police.
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My client was charged with common assault arising out of a domestic incident. Following advice, my client instructed me to engage in negotiations with prosecutor’s. Following negotiations, an amended FACTS sheet was agreed upon. My client plead guilty to the agreed amended FACTS which was vastly different from the original version of the FACTS sheet as drafted/alleged by police.
During sentencing, submissions were made concerning my client’s actions after the offending conduct, including actions that my client had taken to ensure that he does not offend again. Ultimately Her Honour was satisfied that it would not be appropriate to set an example of my client to the community and convict my client. Her Honour placed my client on a good behaviour bond known as a “conditional release order” without conviction. This was a great result which allows my client to maintain his conviction free record and continue his rehabilitative efforts.
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My client was charged with 3 counts of possessing drugs after attempting to enter a music festival with the drugs contained on his person. My client was stopped by police, subject to a search and subsequently charged and summoned to appear at Waverley Local Court to answer the drug possession charges.
Following advice, my client plead guilty. During sentencing, submissions were made concerning my client’s personal circumstances, what he had done after the offending conduct to try and reduce his risk of re-offending, and why the purposes of sentencing would be met if no conviction was recorded against my client. Ultimately Her Honour was satisfied that no conviction should be recorded against my client and Her Honour ordered as such.
This was a great result for my client who maintains his conviction free record.
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My client was charged with common assault arising out of a domestic incident. Following advice, my client plead not guilty and provided instructions to plead self-defence. After a review of the evidence, a plea of not guilty was maintained with the court.
During the defended hearing, witnesses who testified that my client was the aggressor were cross-examined and were able to be discredited.
At the close of the evidence, Her Honour was satisfied that my client had acted in self-defence and was not satisfied that the prosecution had overcome the burden of negativing that my client had acted in self-defence. Subsequently the charge and the related AVO was dismissed.
This was a great result for my client who maintains their good character noting that they were found not guilty of the charge.
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My client was charged with common assault arising out of a domestic dispute in Maroubra.
Following advice, my client plead not guilty. The prosecution case involved video evidence of the allegation and two independent eyewitnesses to the assault. On the day of the defended hearing, negotiations occurred with the prosecution, at the conclusion of which, the prosecution agreed to withdraw the charge. This withdrawal of the charge was entered in court and my client’s charge was formerly dismissed.
This was a great result for my client who maintains his good character noting that this criminal charge was withdrawn and dismissed.
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My client was charged with stalk/intimidate arising out of a domestic dispute. Following advice, my client did not participate in an interview with police and subsequently plead not guilty. After an analysis of police evidence, negotiations occurred with police concerning the charge. On the day of the defended court hearing, the police applied for an adjournment to allow them to gather further evidence. This adjournment application was opposed and subsequently Her Honour denied the prosecution adjournment application.
As a result of the refusal of the police adjournment application, no evidence was able to be presented on the day of the hearing to support the charge and the charge was subsequently dismissed.
This was a great result for my client who can maintain his freedom in the community with no criminal penalty provided for this allegation.
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My client was convicted and sentenced to a Community Corrections Order arising from an incident where my client kicked a scooter rider off their scooter resulting in a dislocated shoulder.
Upon appeal, submissions were made to the learned Judge regarding the provocation caused by the victim and the steps that my client had taken post the offending behaviour. Despite the prosecution not concurring with a conviction not being recorded, the Judge ordered that my client be sentenced to a conditional release order without conviction pursuant to the Crimes (Sentencing Procedure) Act 1999 (NSW).
This was a great result for my client who can maintain his good character in the community without a criminal conviction.
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My client originally received a conviction during Local Court sentencing arising from a domestic violence incident.
I represented my client upon appeal. Submissions were made to Her Honour in the appeal concerning the events and surrounding circumstances which contributed to the behaviour at the time of the offending as well as the actions my client had taken post the offending conduct. Despite the prosecution submitting that a criminal record/conviction was warranted in the circumstances, Her Honour was satisfied that my client should be afforded an outcome which did not include a conviction/criminal record.
This was a great result for my client who can continue with his life criminal record fee.
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My client was charged with dangerous driving occasioning grievous bodily harm, negligent driving occasioning grievous bodily harm and not keeping left of a dividing line which all resulted out of a major traffic accident. After speaking with my client and reviewing the evidence, my client underwent a referred medical evaluation. It became apparent that my client suffered from undiagnosed sleep apnoea which contributed to the accident.
Formal representations were sent to police to withdraw the charges on this basis of the medical evidence informing a criminal defence of honest and reasonable mistake of fact as espoused in the case of Jiminez v The Queen (1992) 173 CLR 572.
After NSW Police obtained their own expert to perform an evaluation, NSW Police agreed to withdraw all charges.
This was a great result for my client who was able to leave court without any criminal penalty’s including no findings of guilt, jail, convictions, criminal record and/or licence suspensions/disqualifications.
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My client was charged with stalking/intimidation, assaulting a police officer in the execution of their duty and common assault. My client was concerned about a a criminal penalty depriving him of his liberty and having long lasting effects on his employment prospects.
Following advice, my client plead not guilty. Through negotiations with the the prosecution, the prosecution agreed to withdraw the assaulting a police officer in the execution of their duty and common assault charges if my client plead guilty to stalking/intimidation. My client subsequently plead guilty to stalking/intimidation with the other charges being withdrawn by the proseuction.
My client made an application to be diverted away from the criminal justice system pursuant to mental health grounds. After lengthy submissions, His Honour was satisfied that my client was an appropriate vehicle to divert from the criminal justice system and the public interest would be served by doing so. Subsequently His Honour ordered that my client’s charge be dismissed pursuant to mental health grounds.
This was a great result for my client who was able to leave court without a conviction and maintain his clean criminal record.
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My client was charged with negligent driving along with another traffic related violation. I negotiated with the prosecution to withdraw the negligent driving charge if my client was to plead guilty to the other lesser traffic violation. On the day of the hearing, the prosecution agreed and the negligent driving charge was withdrawn.
Upon pleading guilty to the lesser traffic offence, submissions were made to Her Honour concerning an apprporiate sentence. Her Honour was satisfied that no conviction should be recorded in relation to the offence and my client did not receive a conviction which meant that no demerit points and/or financial penalty was imposed upon my client. My client has an obligation to be of good behaviour for the next 12 months to the court.
This was a great result for my client who can now continue his criminal free record along with not losing any demerit points as a result of these charges.
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My client was convicted of a number of counts of sexual touching without consent after a defended Local Court Hearing. My client approached me and sought advice.
Upon an appeal of the finding of guilt, submissions were made concerning the onus and burden of proof which is carried by the Crown in a criminal proceeding.
Detailed consideration was given to the unchallenged evidence in the Local Court and the bearing that had on the assessment of the evidence. Reference was made to the High Court Cases of Liberato (Liberato v The Queen (1985) 159 CLR 507) and De Silva (De Silva v The Queen [2019] HCA 48) which reiterated how a judicial officer should assess competing evidence.
Ultimately His Honour was not satisfied that the Crown had discharged the heavy burden of satisfying the court beyond a reasonable doubt as to the guilt of the appellant. Consequently, the appeal was upheld and the charges were dismissed.
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My client was charged with Using A Carriage Service to Menace/Harass/Offend. Following advice, my client plead not guilty.
During a defended hearing, due to inadequacies in the police evidence, the police sought an adjournment of the proceedings. This application was opposed and Her Honour heard arguments surrounding the interests of justice and why an adjournment application should be refused.
Ultimately Her Honour was of the view that the police adjournment application should be refused and ordered as such. As a result, the police were unable to present any evidence relating to the charge. Accordingly the charge and related apprehended domestic violence order (AVO) were dismissed.
This was a great result for my client who can put this charge behind them knowing that they were found not guilty, did not receive any criminal penalty and are not subject to any civil restraining orders.
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My client was charged with assault occassioing actual bodily violence (domestic violence) and damaging property (domestic violence). In the Local Court, my client received a conviction.
After approaching me and following advice, my client embarked on a severity appeal in the District Court for the purposes of making a mental health diversion application.
During submissions to Her Honour, arguments surrounding why the public interest would be served if my client was diverted from the criminal justice system were ventilated. Her Honour was ultimately satisfied that my client would be a suitable vehicle for diversion and that to be dealt with at law would not be in the public interest. As such, Her Honour granted the application pursuant to section 14 Mental Health And Cognitive Impairment Forensic Provisions Act 2020 (NSW).
This was a great result for my client who was able to leave court without a conviction as a result of this criminal offending.
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My client was charged with intimidation which he denied committing, despite the complainant being adamant that he had done so. The complainant provided evidence from her mobile phone surrounding the allegations. Following advice, my client plead not guilty.
During cross examination of the complainant, evidence was provided as to her actions after the alleged act of intimidation which appeared to demonstrate that she had not been intimidated by the complainant. The complainant had made other claims of impropriety against my client which was able to be rebutted through third party evidence.
Submissions were made to the learned Magistrate concerning doubts regarding the complainants assertions and why the criminal standard of beyond reasonable doubt could not be met on the basis of the evidence adduced by the prosecution.
Ultimately Her Honour was satisfied that the prosecution had not proved the charge beyond a reasonable doubt. Subsequently, the criminal charge and related apprehended domestic violence order (AVO) were dismissed.
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My client was charged with assault occasioning actual bodily harm arising out of a domestic dispute. It came to light that my client had some underlying mental health issues and as such, he was referred for a comprehensive evaluation. It was found that he suffered from a mental health disorder which contributed to the offending. My client agreed to undergo treatment.
During sentencing, my client’s mental health ailments were highlighted to the Magistrate and a mental health diversion application was made. After hearing arguments and despite opposition from police, Her Honour accepted that my client suffered from the mental health ailment and that there was a causal connection to the offending behaviour. Her Honour also accepted that a comprehensive treatment plan was prescribed. Her Honour determined that it was ultimately in the public interest that my client be diverted from the criminal justice system under mental health legislation.
This was a great result for my client who can now commence his treatment plan and is able to continue his life without a conviction/criminal record.
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My client was charged with reckless wounding and affray following an incident involving a violent altercation which resulted in my client stabbing the complainant.
Following advice, my client plead not guilty and defended the charges as alleged by police. At the defended hearing, the complainant was cross examined and their reliability was challenged as to their assertions.
During legal submissions, the unreliability of the complainant’s evidence was highlighted through its inconsistencies with other witnesses to the incident.
Legal argument was made concerning the law in NSW regarding self-defence and how the law recognises and allows people to defend themselves if a person believes that they need to defend themselves and that the self defence response is proportional.
Ultimately Her Honour was satisfied that my client acted in self-defence and subsequently dismissed the charges as alleged by police. A great result for my client as being found not guilty results in no criminal sanction, including no criminal record and no other criminal penalty.
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No Criminal Record for Drug Possession / Drive Motor Vehicle With Illicit Drug Present In Oral Fluid
My client was charged with possession of an illicit drug, and driving with an illicit drug present in oral fluid on two other occasions. My client was a professional and was concerned about the impact that these criminal charges could have upon his career. My client underwent a psychological evaluation and subsequently a mental health application was made at Burwood Local Court.
During the application, submissions were made concerning the considerations that must be given when a Magistrate considers exercising their discretion and diverting a mentally disordered offender from the criminal justice system. Submissions included consideration of the cases of DPP v El Mawas [2006] NSWCA 154 and Confos v DPP [2004] NSWSC 1159 which considered the former mental health legislation prior to the 2020 amendments.
Ultimately His Honour was satisfied that it was in the public interest to divert my client away from the criminal justice system and place my client on the proposed treatment plan.
A great result for my client who can now focus on his rehabilitation without any criminal record.
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My client was found guilty of assault occasioning harm, common assault and stalk/intimidate. My client was also charged with a further offence of breaching an apprehended domestic violence order (AVO) to which he pled guilty.
My client was concerned about the impacts of a criminal record (criminal conviction) upon his future prospects. Following advice, my client engaged a forensic psychologist to perform a psychological evaluation upon him. This evaluation was used in an application to divert my client away from the criminal justice system pursuant to section 14 of the Mental Health And Cognitive Impairment Forensic Provisions Act 2020 (NSW).
During the application, submissions were made to the learned Magistrate concerning the legal criteria around diverting my client away from the criminal justice system including the public interest in diverting my client, the connections between my client’s offending behaviour and his mental health ailments and why treatment for his mental health ailments would not only benefit my client, but the community.
Ultimately Her Honour was satisfied that my client should be diverted under mental health legislation and ordered as such.
This was a great result for my client who despite being guilty of four domestic violence offences, is able to continue his rehabilitative efforts with no criminal record.
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My client was found guilty of six counts of sexual intercourse without consent (aka. rape) and 1 count of intentional choking. Given the seriousness of the charges, a jail sentence was highly likely.
Upon sentencing, submissions were provided to the learned Magistrate regarding the prospects of rehabilitation and the unlikelihood that my client would reoffend. My client was ultimately sentenced to a non-parole period of 2 months in a correctional institution.
I lodged an appeal concerning the finding of guilt and made a bail application for my client to be released pending the determination of the appeal which was granted.
After the appeal was lodged, the Director of Public Prosecutions lodged an appeal against the leniency of the sentence imposed upon my client.
During the appeal, submissions were made concerning the relationship that developed between the complainant and the accused leading up to the incident as well as the credibility and reliability of the complainant’s evidence inter alia.
On appeal, His Honour was ultimately not satisfied that my client was guilty beyond a reasonable doubt and dismissed all charges. This meant that the Director of Public Prosecution’s appeal against the leniency of the sentence need not be considered as my client was found not guilty.
This was a great result for my client who had already been sentenced to a period of incarceration with the possibility of a longer sentence being imposed, having his name cleared and being found not guilty of all charges.
My client was charged with stalking/intimidating his partner and using a carriage service to menace/harass/offend. My client plead not guilty but was refused bail due inter alia to his criminal history. At the defended hearing, the prosecution sought an adjournment in an effort to provide more evidence on the next occasion at court.
This adjournment application was opposed and an argument concerning whether the interests of justice would be served by granting the adjournment application was ventilated in front of His Honour. Ultimately His Honour refused the adjournment application and the prosecution were unable to present any credible evidence in support of the charges. The matter was then dismissed by His Honour effectively ending the incarceration of my client due to these allegations.
This was a great result for my client who regains his liberty and cleared his name in relation to these charges.
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My client was charged with a number of charges including common assault, stalk/intimidate, contravene AVO, and destroy/damage property. My client was concerned about the potential of a custodial sentence as well as the future repercussions of their actions on their future work prospects.
Following advice, my client plead guilty and underwent a psychological evaluation. The psychological evaluation identified a number of mental health issues relevant to the offending behaviour.
A mental health diversion application was made under section 14 of the Mental Health And Cognitive Impairment Forensic Provisions Act 2020 (NSW).
After extensive submissions, Her Honour was satisfied that the provisions of the Act were satisfied and the public interest would be served by diverting my client away from the criminal justice system.
This was a great result for my client who received no criminal record in relation to their offending.
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My client was charged with an offence arising out of a domestic violence incident. Following advice my client plead not guilty. On the day of the hearing at the Downing Centre, the prosecution wanted to adduce photographs of injuries of the alleged victim. This evidence was objected to on the basis of the photos being hearsay and prejudicial towards my client. The prosecution requested that the victim give evidence to the court via telephone as the victim was currently not in Sydney. This was also objected to. After this objection, the prosecution considered its position with respect to the charges. After negotiation, the prosecution agreed to withdraw the criminal charges, meaning that the charges were dismissed.
This was a great result for my client who was facing the possibility of a criminal record/conviction and further criminal sanctions based on alleged conduct that he had occasioned to his partner. Now my client can continue on with his life knowing that he has no criminal record, thereby not affecting his career and travel aspirations.
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My client was charged with possession of a prohibited drug (cocaine) at Coogee Bay Hotel. My client was concerned about the impacts that a drug possession conviction could have on his future job prospects and potentially overseas travel. Following advice, my client decided to plead guilty.
During sentencing, His Honour indicated that due to my client’s rehabilitative efforts post the offending, the references who vouched for his good character outside of this offending and due to his overall presentation, my client would not be a good vehicle for a conviction and noted that the impacts of a criminal conviction can often reach beyond the four walls of a court with references to cases such as R v Ingrassia (1997) 41 NSWLR 447 and R v Mauger [2012] NSWCCA 51 .
Ultimately, His Honour sentenced my client to a conditional release order (which is a type of good behaviour bond) pursuant to section 9(1)(b) and section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This was a great result for my client who can move forward with his career aspirations with a criminal conviction in his record.
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My client was charged with a violence offence arising out of a domestic incident. The assault caused injuries to the victim. The incident occurred in the home of the victim, which is an aggravating factor upon sentencing. Assisting my client, my client was able to obtain medical evidence and supporting character references to be presented at court.
During sentencing, some background information on my client was provided to the Magistrate including the circumstances that led to my client offending. Ultimately upon sentence, His Honour was satisfied that a conviction/criminal record was not warranted in my client’s matter and my client was released without conviction on a conditional release order (which is similar to a good behaviour bond). A great result for my client who can now continue with their life criminal record free!
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My client was charged with 2 counts of assault occasioning actual bodily harm and 1 count of stalk/intimidate coupled with an apprehended violence order which allegedly arose out of a domestic dispute. My client was concerned about the potential impact of these charges upon his employment. Following advice my client plead not guilty, a brief of evidence was served by police, my client maintained his plea of not guilty and the matter was listed for hearing at Parramatta Local Court.
After negotiating with police, police agreed not to pursue the charges and subsequently all the charges and the AVO were marked as dismissed. This was a great result for my client which means that he was found not guilty, no penalty was imposed and he was placed in the same position that he was in before he was charged.
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My client was charged with assault occasioning actual bodily harm as a result of a domestic violence dispute. My client was very concerned about the impact a criminal conviction would have on his work. Following advice, my client plead guilty but disputed the police FACTS sheet.
At the disputed FACTS hearing, the factual scenario that my client proclaimed happened was accepted and my client was sentenced on this factual scenario rather than the factual scenario initially put forward by police. This resulted in the totality of the criminality of my client being reduced compared to the initial police allegation. As such, on sentencing after hearing submissions, Her Honour was satisfied that a conviction was not warranted in these circumstances. A conditional release order without conviction was made allowing my client to continue his career without a criminal conviction.
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My client was charged with reckless grievous bodily harm which is a serious charge carrying a maximum penalty of 10 years imprisonment with 82.5% of accused people found guilty serving a jail sentence. My client was also charged with assault occasioning actual bodily harm and common assault.
During a contested hearing at Burwood Local Court, large parts of the prosecution case were excluded due to not meeting proper policing practices and evidentiary standards. This included the account of the victim, and the interview that my client had with police.
As main pieces of evidence which formed part of the prosecution case were excluded as evidence, the police had very little other evidence to rely on to try and prove the charge against my client. As such, the charges were dismissed. At the conclusion of the hearing, an application was made for police to pay my client’s costs due to how the prosecution conducted the case at court. This application was successful, a great result for my client.
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My client was charged with drug possession after being stopped by police after what appeared to be a drug transaction taking place through a “dial a dealer” modus operandi. My client was gravely concerned about his future job/career/and travel prospects arising out of a potential drug conviction. Following advice, my client plead guilty and sentencing proceeded at the Downing Centre Local Court.
During sentencing, submissions were made to the Magistrate concerning my client’s personal circumstances and the context which lead him to engage in illicit drugs as well as the rehabilitative efforts my client embarked upon after being caught by police. Whilst His Honour was scathing on my client for being involved in the Sydney drug trade which has a highly detrimental effect on the community, His Honour was satisfied that in my client’s unique circumstances a criminal conviction/record would not be warranted. As such, my client received a community based order with no conviction.
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My client was charged with affray arising out of an inner city physical dispute at a bar. Affray is a relatively serious charge which carries a maximum penalty of 10 years imprisonment. After receiving a conviction/criminal record in the Local Court, my client followed advice and appealed to the District Court and sought to be diverted under a section 14 of the Mental Health And Cognitive Impairment Provisions Act 2020 (NSW) legislation.
During an extensive appeal in the District Court, various submissions were made concerning the causal connection between my client’s mental health ailments and the offending. Ultimately despite the prosecution opposing the diversionary application, His Honour was satisfied that my client was suitable for a mental health diversion and as such granted our application. This was a great result for my client who can now maintain his criminal free record and obtain the professional assistance with his mental health that he requires.
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My client was charged with assault occasioning actual bodily harm arising out of a domestic incident. Following advice my client plead not guilty. During the contested hearing at Newtown Local Court, discussions were had with the prosecutors concerning the weaknesses in their case. After these discussions, the prosecutors decided to withdraw the charge and associated apprehended domestic violence order (AVO). A great result for my client who can now continue with his work and travel aspirations with a criminal free record.
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My client was charged with sexual touching without consent and was facing at the least, a conviction for a sexual offence which would be devastating to any future work and/or travel prospects that he had planned. Following advice, my client plead not guilty and the matter was contested at Newtown Local Court. During negotiations with police, the factual scenario surrounding the alleged offence was reduced and agreed and as such, my client decided to plead guilty.
During sentencing, submissions were made concerning the relatively low objective seriousness of the offence as well as my client’s personal circumstances. Ultimately Her Honour was satisfied that a conviction was not warranted in my client’s case and whilst my client was found guilty of sexual touching without consent, no conviction was recorded. This was a great result for my client as only 4.4% of findings of guilt attached to sexual touching with consent charges result in no conviction being recorded.
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My client was charged with stalk/intimidate contrary to the Crimes (Domestic and Personal Violence Act) 2007. Following advice, my client underwent a psychological assessment and subsequently a section 14 mental health diversion application was made.
During the application, submissions were made concerning the impact my client’s mental health ailments had on his offending and why he would not be a suitable person to be made an example of to the community with a criminal penalty.
Ultimately His Honour was satisfied that my client was suitable for a mental health diversion under section 14 of the Mental Health and Cognitive Impairment Provisions Act 2020 and as such diverted my client away from the criminal justice system.
A great result for my client who leaves court with no criminal record and strong prospects of rehabilitation.
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During a night out in Surry Hills, my client decided to purchase cocaine. She purchased cocaine from a “dial a dealer” drug supplier. Unfortunately for my client, police were watching the suspected drug transaction and were suspicious of my client’s action. They approached my client, activated their body worn camera, introduced themselves by name, rank and station and proceeded to ask my client questions. My client admitted to being in possession of cocaine and was subsequently searched. The cocaine was seized and my client was charged with drug possession.
My client was a professional and deeply concerned that she had ruined her future career and travel prospects. After contacting me and following advice, my client plead guilty and proceeded to be sentenced at the Downing Centre Local Court. During sentencing proceedings, submissions were made to Her Honour as to the good character of my client despite this criminal offence and discussions were had concerning the high chances of my client rehabilitating herself and the low chances of reoffending. Ultimately Her Honour was satisfied that the purposes of sentencing would not be achieved by recording a conviction against my client and my client was released on a conditional release order without conviction.
This was a great result for my client who can now continue her professional career and future travel with no criminal record.
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My client was charged with multiple counts of common assault and property damage arising out of a night out at a Meriton in the city. Due to COVID delays and a failure of the prosecution to serve evidence, the matter was adjourned multiple times. Eventually on the final day of the hearing, discussions were had with the prosecutor regarding the evidentiary basis (or lack thereof) for the adducing of certain evidence that the police wished to rely on and why it would offend the hearsay rule. After lengthy discussions with the prosecutor, the prosecutor was persuaded to withdraw the charges despite police trying to pursue these charges against my client over an extended period of time. This meant that a Magistrate would not be determining my client’s matter and no finding of guilt would be recorded against my client.
This was a great result for my client who can now continue with his career with no criminal record attached to his name preventing him from future employment opportunities.
My client was charged with two counts of Common Assault and an application for an apprehended domestic violence order (AVO). Following advice, my client plead not guilty and the matter was listed for hearing at Burwood Local Court. During the hearing, a significant portion of the evidence upon which police wanted to rely upon was objected to and ruled as inadmissible. This assisted my client by undermining the police case. During cross examination of the complainant, the complainant’s credibility was undermined due to inconsistencies in her version of events. My client’s case relied upon an argument of self defence pursuant to section 418 of the Crimes Act 1900 (NSW).
Ultimately, His Honour was not satisfied beyond a reasonable doubt based on the evidence before the court that both charges could be proven. This meant that my client was found not guilty and the charges and the AVO were dismissed. This was a great result for my client who can now move on with his future endeavours.
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My client was charged with stalk/intimidate contrary to section 13(1) of the Crimes (domestic and Personal Violence) Act 2007 (NSW). This charge came out of the breakup of a long term relationship with my client’s former partner making a statement to police regarding my client’s conduct.
Following advice, my client plead guilty and made an application under section 14(1) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). I discussed the matter with prosecutors and made submissions in court. After submissions, His Honour decided to divert my client and not sentence him according to law. This was a great result for my client who avoided a criminal record. This allows my client to continue his career without needing to explain a criminal record to any future employers.
My client was on a night out in Double Bay and had just purchased a bag of cocaine. Plain clothes police were on patrol actively looking for drug activity in the area. My client was stopped, searched and charged with drug possession of cocaine contrary to section 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW).
Following advice, my client plead guilty and proceeded to sentencing at the Downing Centre Local Court. Upon sentencing, submissions were made concerning my client’s interactions with police and their rehabilitative efforts post the offence.
Despite the prosecution submitting that the dial a dealer modus operandi was a scourge on society, Her Honour was satisfied that a conviction should be recorded against my client. This was a great result as it allowed my client to leave the court with no criminal record.
My client was charged with two counts of assault with one being upon a child. My client was a highly qualified individual possessing a Masters of Business Administration (MBA) amongst other qualifications. My client was concerned about how their actions in the assault would now have an impact upon their future career and travel endeavours. Following advice, my client underwent a psychological assessment and subsequently made an application to be diverted under mental health legislation. Despite this application being opposed by the prosecution, His Honour was persuaded that this was the appropriate action to take and as such granted the mental health diversion application.
This means that my client was ordered to undergo treatment with a forensic psychologist to address the criminogenic behaviour that contributed to the offending.
This was a great result for my client and the community. It means that my client did not receive a criminal record and the community benefits by the chances of my client re-offending being lowered by undergoing the psychological treatment.
My client was charged with two counts of assault with one being upon a child. My client was a highly qualified individual possessing a Masters of Business Administration (MBA) amongst other qualifications. My client was concerned about how their actions in the assault would now have an impact upon their future career and travel endeavours. Following advice, my client underwent a psychological assessment and subsequently made an application to be diverted under mental health legislation. Despite this application being opposed by the prosecution, His Honour was persuaded that this was the appropriate action to take and as such granted the mental health diversion application.
This means that my client was ordered to undergo treatment with a forensic psychologist to address the criminogenic behaviour that contributed to the offending.
This was a great result for my client and the community. It means that my client did not receive a criminal record and the community benefits by the chances of my client re-offending being lowered by undergoing the psychological treatment.
My client was charged with domestic violence offences of common assault and stalk/intimidate. During the proceedings, police decided to add another charge of choking. Whilst all domestic violence charges are serious, a finding of guilt in relation to a choking charge significantly increases the chances of receiving a a custodial sentence.
Following advice, my client plead not guilty. After nearly a 2 year battle, with multiple subpoenas issued to the Department of Home Affairs, Department of Foreign Affairs & Trade, Queensland Police Service, Victoria Police and NSW Police, NSW Police decided to withdraw all the charges and the related apprehended violence order with costs awarded.
This was a great result for my client whose life was interrupted by these allegations and who is now vindicated.
During the holiday period, my client was at a Christmas party when an argument ensued between my client and another person at the party who was a female. My client broke a glass which ricocheted onto the woman’s face. Police became involved and the victim told police that my client punched her in the face. My client was arrested, charged and released on bail.
My client was concerned about how an assault on a female and a criminal record would effect his future work prospects and potential visa applications. After seeking advice, my client plead guilty. During sentencing, discussions occurred with His Honour regarding the rehabilitative efforts that my client had undertaken and continued to undertake amongst other things. Despite the prosecution pressing for a conviction, His Honour was satisfied that the purposes of sentencing could be satisfied in my client’s case without the imposition of a conviction/criminal record.
This was a great result for my client who can now maintain his crime free record and pursue his career and travel ambitions without a criminal record.
My client was charged with affray, which basically means using or threatening unlawful violence towards another, and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her safety. Affray carries a maximum penalty of 10 years imprisonment. My client was also charged with offensive behaviour was carries a maximum penalty of 3 months imprisonment.
My client was concerned about the potential penalties for this offence including but not limited to imprisonment and a criminal record.
Through negotiations with police, it was agreed that police would withdraw the affray charge. Following advice, my client plead guilty to the offensive behaviour charge. After sentencing submissions were made, His Honour was of the view that the matter ought to be dismissed under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW). This was a great result for my client who was initially facing serious charges carrying a maximum penalty of 10 years imprisonment, to leaving court with no criminal record or conviction. This allows my client to put the incident behind him and move on with his life.
Police and drug detection dog ‘Zoran’ were patrolling a Sydney bar. Zoran stopped as he had detected drugs. During a subsequent police search, my client was found to be in possession of a prohibited drug and provided a Court Attendance Notice to attend Newtown Local Court.
My client approached me concerned about a drug conviction impacting his sporting and professional career as well as what a drug conviction could do to his future travel opportunities.
Following advice, my client plead guilty. During sentencing, submissions were made with the learned Magistrate concerning the rehabilitative efforts that my client had made since being caught with drugs and why he was unlikely to reoffend. Ultimately Her Honour was satisfied that my client should not receive a conviction for this offence and my client was placed on a good behaviour bond without conviction.
My client was charged with spitting at and slapping their partner.
My client realised the effects that a criminal conviction could have upon their career and future employment prospects.
Following advice, my client engaged a forensic psychologist.
At court, submissions were made to the learned Magistrate concerning the efforts my client had undertaken post the event to address their mental health issues and why a conviction should not be recorded in my client’s case. Ultimately Her Honour was persuaded that this was the correct approach and diverted my client away from the criminal justice system under a mental health treatment plan known as a “section 14”.
This was a great result for my client who can now continue their rehabilitation and are able to pursue all their career ambitions with the domestic violence charge being “dismissed”.
My client was a professional in a promising career who found himself charged with stalk or intimidate intending to cause fear or physical harm after an altercation with his partner which resulted in neighbours calling the police.
During the argument between my client and his partner, my client struck his partner with his car at low speed resulting in his partner falling over. My client was convicted in the Local Court which put his career in jeopardy.
My client sought my representation for an appeal to the District Court. A subjective case was prepared and I made submissions to the learned Judge as to why my client should not have a conviction recorded for this offence. The prosecution were opposed to this approach and submitted that a conviction should be recorded given that it was not a trivial offence and that it was a domestic violence offence. Thankfully the case of Regina v Paris in 2001 from the NSW Court of Criminal Appeal was brought to the Judge’s attention which provided that a Judge could decide to not record a conviction even if the Judge did not regard the offence as trivial. Based on this and the other factors contained in section 10, the learned Judge was of the view that a conviction should not be recorded against my client. As such, His Honour decided to not record a conviction.
This was a terrific result for my client who’s professional career is now not in jeopardy.
At Waverley Local Court, my client was facing sentencing for drug possession. Namely, he was caught with cocaine at Coogee Pavilion. My client was concerned about the impact that a potential drug conviction could have on his future employment prospects as well as his future ambitions to travel to the USA.
Following advice, my client undertook rehabilitative efforts after being caught with the drugs. He also addressed his criminogenic issues. After providing all the information to the Learned Magistrate, His Honour was satisfied that a conviction was not warranted in my client’s matter and decided to exercise his discretion in releasing my client on a conditional release order without conviction. This is a great result for my client who can now pursue his employment and travel ambitions (post COVID-19).
During a Saturday night, police were patrolling Hotel Bondi targeting drug related crime. When my client saw police, he made a quick walk to the toilets but was stopped by plain clothes police. My client was subsequently searched and found to be in possession of cocaine. He was subsequently charged with possessing a prohibited drug contrary to section 10(1) of the Drug Misuse & Trafficking Act 1985 (NSW) and summoned to appear at Waverley Local Court.
My client contacted me concerned about what implications this drug possession could have for his work, his visa and any future travel plans. After reviewing his case, my client followed advice to plead guilty. Upon sentencing, submissions were provided to the learned Magistrate concerning my client’s subjective features, his mental health issues and the context which led to the offending behaviour. Ultimately His Honour was satisfied that the purposes of sentencing could be achieved without subjecting my client to a conviction. This was a great result for my client who can now continue his life knowing that he does not have a criminal conviction in his record.
My client was charged with assault occasioning actual bodily harm, which carries a maximum penalty of 7 years imprisonment, and was also the defendant in a Police Apprehended Violence Order (AVO) Application due to an incident arising out of a night out in Sydney.
My client approached me concerned about what a criminal record would do to his work prospects in the future. I provided advice to my client and he decided to plead not guilty. Pleading not guilty means that the police have to compile the evidence and present the evidence to the Court at a date called a Hearing. The police have to satisfy the Court that my client committed the offence beyond a reasonable doubt in order for the Court to find the charges proven.
On the day of the defended Hearing, negotiations were had with the prosecution concerning the weakness of the prosecution case and why the case should not proceed. After negotiations were conducted, the police prosecutor decided to withdraw the charge and the associated AVO. This was a great result for my client which means that as the charge and the AVO did not proceed, my client avoided a criminal record.
On a Saturday night at the Royal Oak Hotel, my client was in possession of a bag of cocaine. Police with drug sniffer dogs were searching the area and noticed suspicious actions between my client and her friends once they spotted the police dog. Police subsequently introduced themselves and conducted a search. My client was found to be in possession of the cocaine and was subsequently charged with Drug Possession.
My client approached me concerned about her future work prospects and future travel plans if she were to receive a drug conviction. Whilst assisting my client, we prepared for her sentencing. Upon sentencing, submissions were made to the learned Magistrate concerning my client’s history, her interactions with police, her background and the steps to rehabilitate herself that she had taken since being caught by police. His Honour was asked not to record a conviction against the offender. His Honour was ultimately persuaded that this was the best course of action and that the principles of sentencing could be achieved by not recording a conviction.
This was a great result for my client who can now maintain her clean name and continue to pursue her career and travel ambitions without a drug conviction.
During March 2021, NSW Police Detectives were conducting patrols in Bondi Beach targeting drug supply. Detectives were specifically targeting the “dial a dealer” modus operandi.
Outside Hotel Ravesis, my client purchased cocaine from a ‘dial a dealer’ drug supplier. Plain clothes police observed this and subsequently stopped my client. My client was searched and police located a bag of cocaine in his pocket.
My client approached me concerned about a criminal record affecting his future work prospects and potential visa applications for travel overseas post-COVID. After seeking my advice, my client was advised to plead guilty.
My client was provided advice on the rehabilitative steps he could take to demonstrate to the Court that he was on the path of rehabilitation. My client was provided advise on the different considerations that inform criminal sentencing. My client had several shameful discussions with friends and family concerning his criminal charges.
During sentencing at Waverley Local Court, the Learned Magistrate considered all the material that had been tendered on my client’s behalf and considered the law and the purposes of sentencing. Ultimately His Honour was satisfied that my client’s offending did not warrant a conviction partially based on his conduct after being arrested and charged. This was a great result for my client who can now maintain his criminal free character and continue his rehabilitative efforts.
Whilst trying to buy meth, my client was stopped, searched and arrested by undercover police. My client was found in possession of meth. The police took his phone and found other incriminating material on his phone.
My client came to me for advice concerned about the impacts that a drug conviction could have on his future livelihood and career prospects.
I represented my client at Waverley Local Court and made submissions to the Learned Magistrate concerning the rehabilitative efforts that my client had made and why he should not be a vehicle for general deterrence i.e. why he should not be made an example of to the community. The Learned Magistrate accepted my submissions and found the charge proven but dismissed under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW). This was a great result for my client who received no fine, no bond, no conditions and no conviction. This allows him to get on with his life and rehabilitative efforts without a criminal record.
My client was charged with a number of offences including possessing an unregistered firearm, not keeping a firearm safely, and not disclosing the identity of a driver or passenger as requested by police. After unsuccessfully dealing with the matter at Blacktown Local Court, my client approached me for advice. I provided advice and my client decided to engage me to represent her at Blacktown Local Court. My client was most concerned about the penalty that she could receive considering that the possession of an unregistered firearm carries a maximum penalty of 5 years imprisonment.
During sentencing, submissions were made to the Learned Magistrate concerning my client’s antecedents (that is her background), her working life, her personal life and the provenance of the firearm. Further submissions were made to the Learned Magistrate concerning why my client was not the appropriate person for a high level of punishment such as imprisonment and that the other purposes of sentencing weighed more highly including proportionality and rehabilitation.
Her Honour was satisfied that despite the number of charges and the risks to community safety by having unregistered firearms in society, Her Honour was satisfied that my client should not be made an example of to the community and decided to exercise her discretion to not record a conviction. A great result for my client who now has no conviction recorded and maintains the opportunity to maintain her good character.
After a night out, my client was staying at a hotel in the city and police were called for a separate domestic violence related matter. Whilst the police were inside the hotel room, they noticed cannabis and subsequently arrested my client and issued him with a court attendance notice and a drug possession charge.
My client was concerned about the impacts that a drug possession conviction could have on his future career prospects considering the future police checks that could occur and also about future (post COVID) international travel to places such as the USA.
Following advice, my client plead guilty at the Downing Centre and I negotiated with police to amend the FACTS sheet that was being presented to the Magistrate. Upon sentencing, I made submissions to the Magistrate concerning my clients remorse, contrition, acceptance of guilt and statutory entitlement to a discount on sentence. I made further submissions about my client’s background, the previous hardships that he had experienced and how he dealt with those hardships. Character references and a letter of apology were also provided to the Magistrate on behalf of my client.
His Honour was satisfied that even though my client plead guilty and the matter was found proven, that given the circumstances, no penalty should be imposed and the matter was formally dismissed.
A great result for my client who can maintain his clean character and clear criminal record.
My client was charged with assault occasioning actual bodily harm. The allegation was that our client struck his partner at the time to her head causing a laceration which required stitches. Assault occasioning actual bodily harm carries a maximum penalty of 5 years imprisonment.
My client plead not guilty. During a contested Hearing, the alleged victim was cross examined about exaggerations that she provided in her version of events and why these exaggerations were not consistent with factual events which were not in dispute. The alleged victim was cross examined as to her motivations for making this allegation and the concurrent family law dispute and custody battle over their child.
Ultimately Her Honour was not satisfied that the evidence of the alleged victim was reliable to find the charges proven to the criminal standard. My client was found not guilty.
A great result for my client who now doesn’t have the stigma of a domestic violence charge on his record.
My client was charged with common assault arising out of a domestic incident. Common assault contains a maximum penalty of 2 years imprisonment.
Following our advice, my client plead not guilty. During a contested Hearing, the alleged victim was cross examined about inconsistencies between her version of events in Court and versions of events that she had previously provided to police. Legal argument concerning the onus of proof and what happens when there is a conflict in stories of evidence from different witnesses was discussed with Her Honour.
Ultimately Her Honour could not be satisfied that the prosecution had proved the charge based on the evidence to the standard of beyond reasonable doubt and the charge was dismissed.
A great result for my client who can now get on with his life without this criminal allegation being on his record.
My client was charged with three domestic violence offences resulting from a domestic altercation. Two counts of common assault and one count of intimidation.
My client was concerned about potential imprisonment and also what impact these charges would have on his future employment prospects.
During a Defended Hearing at Liverpool Local Court, negotiations were had with the Prosecution to withdraw one of the counts if my client plead guilty to the remaining two counts. Negotiations were successful and one of the charges were withdrawn upon my client pleading guilty to the two remaining charges.
During sentencing, proportionality was highlighted to the Magistrate concerning the effects that the penalties arising from these two offences would have on my client. The Magistrate was satisfied that the best way to deal with these two offences would be to not record a conviction and deal with the matter by way of a conditional release order without conviction.
A great result for our client with no imprisonment, no community service, no fine and no criminal record that allows him to get on with his life.
My client was found guilty in a Local Court Hearing of Sexual Touching without consent at Parramatta Local Court.
My client was a respectable member of the community and this conviction meant that he would lose his career and livelihood.
Following advice, my client appealed the matter to the Parramatta District Court. During the Parramatta District Court Hearing, evidence that demonstrated inconsistencies in the complainant’s account and evidence that questioned the complainant’s motivations to make the complaint were analysed in detail. Submissions were than made to His Honour as to why the finding of guilty was unsafe based on those inconsistencies. Ultimately His Honour was not satisfied that a finding beyond reasonable doubt of guilt was suitable on this evidence and the finding of guilt in the Local Court was overturned.
A great result for my client who can now get on with his life and career.
My Client was found guilty in the Local Court of a Stalk / Intimidate Domestic Violence charge and was convicted with a fine.
This presented a great problem for my client as a Domestic Violence conviction would cause a lot of issues for his future promotion and job opportunities.
Following advice, my client appealed the severity of the sentence to the District Court. At the District Court Hearing, submissions were provided to His Honour that the offending was at the lower end of objective seriousness. Some context which lead to the offending was highlighted to His Honour as well as why the purposes of criminal sentencing would be satisfied by the imposition of a non-conviction based court order. Ultimately His Honour was satisfied that the appropriate disposition would be that of not recording a conviction.
A great result for my client who can now continue his career plans and future travel plans without having a criminal conviction contained in his criminal record.
During a night out, my client was approached by police and decided to run despite police grabbing his arm and telling him to stop. Police gave chase and shouted at my client to stop but my client failed to stop.
Eventually police caught my client and he was subsequently arrested and handcuffed.
During sentencing, submissions were provided to the learned Magistrate concerning my client’s lack of criminal history, his strong prospects of rehabilitation and why the resist police offence fell at the lower end of objective seriousness for this type of charge.
Ultimately His Honour was satisfied that this matter could be dealt with by not recording a conviction, leaving my client to get on with his life with no criminal record. A great result for my client!
My Client was on a night out at the Greenwood Hotel at North Sydney attending a “Sash” music festival.
Undercover police were patrolling the area looking for drug activity. My Client pulled out a bag of 20 MDMA capsules to show a friend. Police observed this, approached my client and tried to talk to him. My Client ran but was eventually caught.
My Client had thrown the bag of MDMA capsules but police saw him throw it and subsequently took possession of the bag.
During the Local Court Hearing at Manly Court House, arresting police officers were cross examined. Due to the quantity of the drugs, legally police were not required to actually prove that a “supply” had occurred. My Client bore the onus of proving to the Court that the drugs were not for supply. Submissions were provided to the Learned Magistrate concerning the lack of indicia of drug supply including no money, no separate bags, no scales, no weapons, and no communications of drug supply.
Ultimately His Honour was satisfied that the drugs found were not for the purposes of supply and subsequently dismissed the charge, leaving my client to move on with his life.
My Client was driving through Parramatta when she was allegedly observed falling asleep at a set of traffic lights by police. Police subsequently stopped my client and subjected her to a number of sobriety related tests to which the police allege that my client failed. This ultimately culminated in my client being taken to the hospital for blood tests. My Client was subsequently charged with driving under the influence of drugs.
My Client plead not guilty and we defended the charge on her behalf.
During the Hearing at Parramatta Local Court, the arresting police officer’s were cross examined as to not taking a photo or video of my client allegedly falling asleep at the wheel. Weather conditions and bespoke conditions to my client were raised to the Magistrate which explained why my client may have failed the sobriety test conducted by police.
The police tendered an expert report from a Forensic Pharmacologist whom we requested to attend court for cross examination. During cross examination, significant flaws were highlighted with the expert report including the fact that my client was never examined by the Forensic Pharmacologist and that the report, besides being based on the blood test results from the hospital, were largely based on the police assumptions.
Ultimately, His Honour was not satisfied that the prosecution had discharged their onus to prove the charge beyond reasonable doubt, and found the charge not proven and dismissed. This was a great result for my client who no incurs no penalty for this alleged offence of driving under the influence of drugs.
My Client was charged with intentionally choking without consent which arose out of a domestic incident.
It was alleged that my client had choked his former partner without her consent at his home. The alleged victim reported the incident to police. Police interviewed the alleged victim on video and asked her to reenact the choke on a police officer to demonstrate how she was choked.
Upon advice, my client plead not guilty and took the matter to a defended Hearing. During the Hearing, under cross examination, the complainant conceded that at the time of the police interview she was suffering concussion and may have exaggerated the confrontation which took part between herself and her former partner. It was conceded that my client had most likely shook her around the shoulder and chest area as opposed to choking her.
Due to the evidence of the complainant under cross examination, the prosecution’s charge could not be proved beyond a reasonable doubt and was subsequently dismissed. This was a great result for my client who was facing a maximum 5 years imprisonment if found guilty.
After losing his job, my client was at a party with other people who had lost their job due to COVID. A number of attendees engaged in taking MDMA. Police were called to the location for an unrelated matter. Police had a search warrant for the place in question. My Client admitted to being in possession of MDMA at the location which police subsequently found. Besides just losing his job, my client now had a possess prohibited drug charge to deal with.
Upon approaching us, he was concerned about the impact this criminal offence could have on his future. Taking advice, he plead guilty for the full amount that police had located.
During sentencing at Burwood Local Court, submissions were made concerning my client’s participation in a drug rehabilitation program as well as the remorse and contrition which he demonstrated, and how members of the community viewed my client. Initially Her Honour was not persuaded that my client was deserving of not having a conviction recorded due to the quantity of drugs found. Further submissions were made to Her Honour and ultimately Her Honour was satisfied that a lengthy conditional release order with no conviction would be to the appropriate sentence for my client.
This was a great result for my client as he was able to leave court without receiving a criminal record and free to pursue his future career and travel plans.
My Client found out that his partner was cheating on him, and in a fit of rage destroyed some of his property. A small physical altercation occurred of which the details are not resolved. This resulted in the victim attending hospital. During the hospital consultation, as the victim disclosed a possible domestic violence incident, hospital staff contacted police. Police interviewed the victim and investigated the destruction of property and an alleged physical incident. With not enough evidence to lay a charge of common assault or stalk/intimidate, a property damage was laid in relation to the destruction of some of the victim’s property.
My Client approached us as he was an active member of society and concerned about what the ramifications of this incident could have on his future career prospects and visa’s for potential travel.
Upon advice, my client plead guilty. During sentencing at the Downing Centre, we made submissions concerning my client’s personal circumstances, including stresses and psychological issues leading up to the incident. In the circumstances, His Honour was satisfied that it would not be appropriate to record a conviction and instead placed my client on a conditional release order without conviction. A great result for my client who is now free to pursue his future career prospects and travel plans without a criminal record.
My Client had a relationship breakup and my client continued unwanted contact towards his ex partner. The victim asked my client to stop texting and trying to call her. My Client continued to contact the victim and sent flowers to her workplace. The victim blocked my client’s phone number and Facebook. My Client continued unwanted contact by emailing the victim.
The victim contacted Burwood Police and asked for assistance getting my client to stop contact, but she did not want formal action taken. Police contacted my client and asked him to stop without taking any further action.
After contact from police, my client continued to call the victim via a private number, on one day 11 times, 3 times on another day, 8 times on another day, 2 times on another day, 7 times on another day, 2 times on another day, and 13 times on another day. The victim did not answer most of these calls and when she did on one occasion and recognised my client’s voice, she hung up. Being unable to get in contact with the victim, my client contacted the victim’s mother and father.
Due to the above, the victim again contacted Burwood Police. Burwood Police took out an apprehended violence order and charged my client with using a carriage service to menace/harass/offend.
Upon approaching us, my client had concerns about how this criminal charge may impact his future career and travel plans Following advice, my client plead guilty. During sentencing at Burwood Local Court, submissions were provided to the Magistrate on behalf of my client which outlined the stress and circumstances in my client’s life leading up to the offending. Ultimately Her Honour was satisfied that a conviction should not be recorded against my client. This leaves my client with a crime free-record free to pursue his career and travel plans.
My Client was stopped by police in a known drug area. Police subsequently searched his car and located an amount of cannabis and oxycodone. My Client admitted possessing the substances to police. He was subsequently charged with two counts of possessing a prohibited drug.
In my client’s criminal history dating back to 1989, he had received multiple findings of guilt for stealing, drug possession, breaching an apprehended violence order, assault occasioning actual bodily harm, obtaining money by deception, breaching bail, and had previously received a jail sentence of 3 years in full time custody.
My Client had been crime free for 10 years (which meant that his past convictions had been spent and no longer appeared on his record) and as such, he was concerned about receiving convictions for these new drug offences.
Given my client’s record, it is difficult to ask the court for leniency and not to record a conviction. Nonetheless, we set about trying to obtain the best sentencing result for my client. Upon advice, my client plead guilty and sought professional assistance for his mental health issues. A strong subjective case was presented to the Court concerning my client’s mental illnesses. Submissions were made to the Magistrate that my client would not be the appropriate vehicle for general deterrence and leniency should be afforded to him during sentencing. The Magistrate accepted our submissions and decided not to record a conviction for both drug possession charges for my client. A great result for my client which allows him to continue crime free record (for the past 10 years) which will assist him with employment and travel opportunities post-COVID.
My Client was on a night out drinking at the Northies when he became involved in a scuffle with other males at the Club. Punches and kicks were thrown and a group fight developed. My Client threw punches and resisted attempts of security guards to restrain him during the fight.
My Client was eventually restrained until police arrived. When police arrived, my client was placed under arrest. During this process my client swore at the police. Despite repeated warnings from police, my client continued to swear at police. While under arrest, my client spat close to police and continued having a verbal argument with police.
My Client was eventually charged with affray, use offensive language, and behave in an offensive manner. The most serious of these charges was affray which carries a maximum penalty of 10 years imprisonment.
My Client approached us for assistance. We negotiated with police and police agreed to withdraw the charge of use offensive language. Following advice, my client plead guilty to affray and behave in an offensive manner.
Upon sentencing at Sutherland Local Court, submissions were made to the Magistrate concerning my client’s subjective situation. Submissions were made regarding his level of involvement in the affray, his age, his antecedents, his remorse, his contrition, and the ramifications that his lack of judgment in this situation may have on his future. Ultimately we asked the learned Magistrate to consider imposing a sentence which did not involve recording a conviction. Whilst initially not inclined to do so, the learned Magistrate ultimately considered the unique circumstances of my client and decided not to record a conviction. This was a great result for my client as less than 15% of affray charges result in no conviction being recorded. The recording of no conviction now allows my client to continue on with his future career and travel plans (post-COVID).
My Client was served with an AVO which included conditions:
- You must not do any of the following to the protected person or anyone that they have a domestic relationship with:
- assault, or threaten her;
- stalk, harass or intimidate her, and
- intentionally or recklessly destroy or damage any property that belongs to or is in the possession of her.
- You must not approach the protected person or contact her in any way, unless the contact is through a lawyer.
- You must not go within 200 metres of:
- any place where the protected person lives;
- any place where she works.
On a drunken evening, my client called the protected person 5 times and abused them for nearly 30 minutes. The protected person called the police and police started an investigation.
The next day, my client was arrested, entered into custody and provided a police interview. He denied calling the protected person and showed his phone call log to police which did not show my client calling the protected person. The police believed my client and he was un-arrested and released.
Police sought official phone records to confirm my client’s story. The phone records did not confirm my client’s story and actually verified the version of events given by the protected person. As such, police were of the view that my client had lied to them and he was served with a Court Attendance Notice to attend Waverley Local Court.
We provided advice to my client upon the merits of pleading guilty or not guilty. My Client plead guilty to the charges.
Upon sentencing, we made submissions concerning the remorse and contrition demonstrated by my client, his good character, his personal circumstances and the rehabilitative efforts that my client had made since being charged with the offence. Whilst my client had previously been sentenced to a term of imprisonment for an unrelated offence, the learned Magistrate accepted our submissions and decided that it would not be appropriate to record a conviction. A great result for my client who can now continue his rehabilitative efforts.
Around midnight on a Friday night, police attended a dispute in an underground carpark in Parramatta. My Client was part of the group who were involved in the argument. When police attended, someone in the group informed police that my client was carrying a weapon. Police seized the weapon and questioned my client on body camera.
My Client was summoned to attend court to answer the charges of possessing a prohibited weapon. This offence carries as a maximum penalty of 14 years imprisonment and a standard non-parole period of 5 years.
My Client was concerned about the penalty he would receive and how it could potentially affect his future. We advised my client regarding his options of pleading guilty or not guilty. Following advice, my client plead guilty and we made submissions on sentencing to mitigate his sentence. This included his personal characteristics and why he should not be made an example of to the rest of the community. Her Honour was satisfied that my client should not receive a harsh sentence and leniency was provided. Her Honour decided not to record a conviction against my client. A great result for my client who can now get on with his life.
My Client was in a car park late at night in his vehicle with some friends. In my client’s car, he had cannabis and MDMA (ecstasy). Police were doing patrols and stopped near the group. My Client was subsequently caught with the cannabis and MDMA. He was provided with a Court Attendance Notice to attend Parramatta Local Court on a future date.
My Client was most concerned about future travel plans and future job opportunities if he was to receive a criminal record for drug related matters. Once my client engaged our representation, we provided advice on the merits of the police case including advice on whether to plead guilty or not guilty. Upon sentencing, we made submissions to the Learned Magistrate concerning the rehabilitative efforts that my client had made, as well as the proportionality of a criminal record as a punishment on my client who had high career and travel plans. We also advised His Honour of ongoing health issues that my client was suffering from which may have played a part in my client’s decision to engage in illicit drug use.
Whilst giving my client a stern education in illicit drug use, the Learned Magistrate was persuaded that it would not meet the objectives of criminal sentencing to record a conviction against my client. This was a great result for my client as it leaves him without a criminal record to pursue his future travel and career plans.
In the early hours of a Sunday morning, my client was gallivanting outside a small house party with a friend. Concerned residents of the area called the police. Police arrived and found my client and a friend skylarking in the middle of the street.
Police assisted my client off the street and noticed that he was extremely agitated, unable to hold a conversation, unsteady on his feet, had bloodshot eyes and was sweating profusely.
Due in part to my client’s behaviour and appearance, police searched my client and located MDMA (Ecstasy). My Client was subsequently charged with drug possession.
My Client approached us for advice and representation as he was concerned about his future employment and travel prospects with a drug conviction. We advised my client and assisted him to obtain material which would be of assistance upon sentencing. In the sentencing proceedings, we represented my client and made submissions to the Magistrate concerning the rehabilitative efforts my client had made and the remorse and contrition that he had demonstrated. We made further submissions as to why the purposes of criminal sentencing would not be achieved by recording a conviction against my client for the drug possession matter. The Magistrate agreed and exercised her discretion to not record a conviction for my client. A great result for my client which allows him to continue his career ambitions and future travel plans (post-COVID!)
During the COVID lockdown period, my client was at home with his partner who was working from home and their child who was being home schooled. My Client was drinking, celebrating the anniversary date of the passing of a loved one.
An argument started between my client and his partner and partly due to his high emotional state and intoxication, my client lost his temper and punched holes in the wall. The police were called and my client was subsequently charged with a number of charges including domestic violence property damage and two counts of stalk / intimidate with intent to cause fear.
When my client engaged us, we set about negotiating the charges with police. At a certain point during negotiations, we advised my client to plead guilty and my client followed advice. Upon sentencing, submissions were made concerning my client’s good character, remorse, contrition, and the rehabilitative efforts my client had undertaken after being charged.
His Honour was satisfied that recording a conviction for these charges was not warranted and provided my client with a non-conviction based conditional release order. A great result for my client who can continue his rehabilitative efforts and continue on with his life.
My Client was subject to a traffic stop in Paddington. In relation to an unrelated matter, my client was subsequently arrested. This arrest led to my client being searched. During the search, police located 3 Valium tablets. Despite my client promising that he had a prescription for the Valium, he was unable to produce a script. My Client was subsequently charged with possessing a prescribed restricted substance contrary to section 16(1) of the Poisons and Therapeutic Goods Act 1966 (NSW). At Waverley Local Court, we applied for an adjournment so that we could analyse the evidence as we were suspicious that there were deficiencies in the police brief of evidence which would lead to my client being acquitted.
During the adjournment period, we analysed the police brief of evidence and found a deficiency as it related to the elements of the offence charged. We subsequently wrote a letter to the Local Area Commander of police asking for the charges to be withdrawn based on the deficiency in the evidence. The Local Area Commander agreed with our representations and decided to withdraw the charge. This saved my client the time, cost and hassle of attending Court for a Hearing whilst still allowing my client to have the charges dismissed. A great result all round for my client.
My Client went with a couple of his friends to another person’s house over a financial dispute. Upon arriving at the person’s house, members of the group banged on the door loudly and my client shouted at the victim to come outside. The group tried to barge their way in but were stopped by the victim. My Client abused and threatened the victim. My Client eventually left but threatened the victim that he would come back.
The next day, my client threatened the victim via the Internet.
Police investigated, attended my client’s house, placed him under arrest and charged him with stalk or intimidate intending to cause fear of physical or mental harm and use carriage service to menace/harass/offend.
We represented my client at Hornsby Local Court and provided submissions to the Magistrate concerning my client’s mental health, why he should not be made an example of to the rest of the community and the rehabilitative efforts that my client had made since the offending. Her Honour was persuaded that no conviction should be recorded against my client for both charges and dismissed both charges on the condition that my client enter into a bond. A great result for my client who can now get on with his life and rehabilitative efforts.
After a day out at the races which included winning some money, my client hopped into an Uber. My Client could not locate the money that she had won, and accused the Uber driver of stealing her money (this later turned out to be a false accusation). The Uber driver denied stealing my client’s money. My Client then assaulted the Uber driver nearly causing him to have a car accident.
The Uber driver took my client to the police station where she was arrested for common assault. The Uber driver and his vehicle was searched for stolen money which turned up nothing.
During my client’s heavily intoxicated state, my client accused the police of stealing her money (this also turned out to be a false accusation).
During sentencing in the Local Court, my client was convicted. This had the potential to have grave ramifications on my client’s livelihood. Upon advice, my client appealed this decision to the District Court. In the District Court, we represented my client and made submissions concerning the proportionality of what a conviction would entail for my client, who outside of this offending was otherwise of good character. We also provided submissions as to the rehabilitative steps that my client had taken. Notwithstanding this though, His Honour had to consider other aspects of the sentencing synthesis including the need for general deterrence and the objective seriousness of this offence which was relatively high. Ultimately though, His Honour was satisfied based on our submissions that my client should be provided a further opportunity to maintain her good character, and His Honour decided that the appeal from the Local Court should be allowed, with no conviction recorded. A great result for my client who can now continue with her employment without the risk of losing her job because of a criminal record.
My Client who previously had a High Range Drink Driving charge, was caught twice driving whilst disqualified. He then failed to turn up to court when he was bailed to do so. An arrest warrant was issued for my client. A couple of years went past until the police found him and they subsequently arrested him, and held him on remand. Our firm was engaged and we promptly attended weekend bail court at Parramatta.
Submissions were made to His Honour as to why bail conditions could mitigate any risk of my client not appearing at court in the future. His Honour was satisfied with our submissions and duly released my client on bail.
We later appeared for my client during sentencing. Given his repeated driving offences consisting of high range drink driving, driving whilst disqualified twice, skipping bail for years and not appearing at court, my client was preparing himself to be sentenced to jail. Sentencing submissions were made to Her Honour as to why my client whom outside of these offences was otherwise a law abiding citizen committed the offences that he did. We also made submissions about how the community could be protected from my client committing further offences in the future and the rehabilitative efforts that my client had made. We also tendered evidence from third parties speaking of the good character of my client. Her Honour was satisfied that my client deserved no more than a nominal punishment and released him on a good behaviour bond with no conviction recorded. This allowed my client to apply for his drivers licence! My Client’s penalty also involved no driver education courses, no community service and no financial penalties. A great result for my client!
My Client was working at a bar in Sydney and stole cash by pretending to put cash sales through the till by not recording the sales and putting the cash in his pocket. He did this over a number of shifts. My Client’s boss noted the discrepancy and obtained security camera evidence of my client pocketing the cash. My Client was subsequently arrested, strip searched and charged with two charges, one count of stealing property as a clerk/servant and one count embezzling as a clark/servant.
Upon sentencing we ensured that my client was only found guilty of one of the charges instead of two due to the duplicitous nature of the charges. Upon sentencing, we made submissions concerning the circumstances that led to my client’s offending, his behaviour before, during and prior to the offending. The remorse, contrition, rehabilitative efforts, and as to how the community could continue to be protected in the future from offending of this nature in a general sense and also what steps could be put in place to reduce the risk of my client reoffending in the future. In the circumstances, Her Honour was satisfied that no conviction, no community service, no fine and no period of imprisonment should be imposed. A great result for my client.
On a drunken night out, my client thought it would be fun to enter a construction site and climb a construction crane. Site security noticed my client sitting on top of the crane and called police. Police Rescue attended and had to climb to the top of the crane to get my client back down.
My Client was subsequently charged with risking the safety of another by climbing building/structure and entering prescribed premises without lawful excuse.
In the Local Court, my client received a conviction and a monetary penalty for the offences. This criminal conviction presented problems for my client in applying for jobs. It was a mistake he deeply regretted with hindsight. We advised my client to lodge a severity appeal to the District Court.
In the District Court, we represented my client and provided submissions to Her Honour which persuaded Her Honour to allow the appeal, overturn the convictions and place my client on a non-conviction based order without any monetary penalty. This was a good result for my client.
My Client was on a day out shopping at a large suburban shopping centre in Sydney. In an out of character decision, she decided to steal a range of expensive cosmetics and clothing. My Client was detected by security cameras and detained. Police were called and my client was subsequently charged with two counts of larceny.
The decision by my client to steal could have had broad ramifications on her future employment and travel plans as it would be potentially difficult to obtain employment with a criminal record involving acts of stealing.
My Client engaged our services and we set about trying to obtain a non-conviction based order for her. We advised her to seek psychological assistance with issues she was battling. In court we made submissions regarding remorse, contrition, rehabilitative steps, and why the purposes of criminal sentencing would be better served if this matter were dealt with by way of non-conviction. Her Honour was persuaded by our submissions and placed my client on a non-conviction based order meaning she does not have a criminal conviction against her name. A great result for my client.
My Client was in a dispute with his former employer. He called his former employer and allegedly threatened him. The alleged victim reported the incident to police and my client was questioned, charged with s 474.17 – use carriage service to menace/harass/offend and issued with a Court Attendance Notice.
My Client was most concerned about having a criminal record due to his current employment and career prospects. We advised my client to plead guilty but with a view to amending the FACTS sheet with police. Through negotiating with police, we reached agreement on changing the FACTS sheet to be more favourable to my client. We advised my client on appropriate rehabilitate efforts that he could undertake as well as assisting him with establishing his good character as well as steps he could take to demonstrate remorse and contrition to the court.
When the matter went to court, my client was sentenced on our proposed version of FACTS, not the original police version which reflected much worse on my client. We made submissions concerning all the mitigating factors that applied to my client. Ultimately His Honour was persuaded that the best way to deal with this offending was by way of not recording a criminal conviction. This great result allowed my client to maintain his work and opportunities for future career prospects despite admitting to the offence charged.
My Client was on a night out heading to The Star via the main escalators on Pirrama Road. At the top of the escalators, she spotted a police dog and panicked. My Client quickly turned around and exited The Star. Undercover police followed my client, stopped her, and advised her that she would be searched. Subsequently cocaine was located in my client’s possession and she was charged. My Client received a Court Attendance Notice to appear at the Downing Centre. Upon sentencing, evidence of prior good character, remorse and contrition were demonstrated. The Magistrate was of a view that no conviction should be recorded in this matter. This allowed my client to maintain her criminal free record and pursue employment and travel opportunities.
My Client had a conviction recorded in the Local Court following an incident which occurred in December 2019. My Client was out at a hotel in Bondi when he organised to purchase 1g of Cocaine from a mobile drug supplier. A car pulled up, my client entered the car, purchased the drug, exited the vehicle, and then proceeded back to a hotel in Bondi.
Before walking back to the hotel, undercover police stopped and detained my client on suspicion of a drug transaction taking place. My Client was arrested. The police tried to stop my client using his phone to which he resisted. My Client was then handcuffed. The police searched my client and located 1g of Cocaine.
On advice, my client appealed the conviction recorded in the Local Court to the District Court. At the District Court Hearing, evidence of remorse, contrition and of prior good character was tendered to the Judge. Despite the decision of the learned Magistrate in the Local Court to record a conviction, the Judge was of the view that the purposes of sentencing could be achieved in this matter by not recording a conviction. The Local Court decision was set aside and my client received no conviction for the drug possession charge. A great result for my client which allowed him to leave Court and get on with his life without a criminal history.
My Client was on a night out in Sydney when he met a girl on the dance floor. Drinking, dancing and flirting ensued. Eventually, my client and his new acquaintance left to go to his place. At his place, they continued drinking, and engaged in consensual sex throughout the night.
The next morning my client’s acquaintance left my client’s house and reported an incident to police involving an allegation of rape. Detectives investigated the matter, obtained a search warrant for my client’s house and executed that warrant the next day. My Client was arrested, charged with two counts of rape and bail was refused by the police.
Family members of my client contacted us and we started working on the matter. We made a bail application for my client and he was released on bail. We then set upon proving his innocence. We appeared at court on multiple occasions for my client while police obtained evidence. Once the evidence was compiled, discussions were had between us and the prosecution which highlighted the flaws and inconsistencies in the prosecution case. Eventually the prosecution agreed that the case had no reasonable prospects of success and the prosecution withdrew both counts of rape. This left my client free to walk out of court without any restrictions or bail conditions with both charges dismissed. A great result!
My Client was testing out a firearm at his residence in the backyard. Police were alerted and a search warrant was executed on his premises by Strike Force Raptor. A firearm was subsequently found. My Client was charged with multiple charges including:
- possess unauthorised firearm;
- not keep firearm safely; and
- fire firearm in or near public place.
Upon sentencing, submissions were made concerning the purposes of sentencing, as well as remorse, contrition and why Her Honour’s discretion should be exercised to not record a conviction for the offender. Her Honour was satisfied with our submissions and decided to exercise her discretion not to record a conviction in these circumstances.
A search warrant was executed at my client’s address for an unrelated matter. During that search warrant, police located an amount of cannabis. We represented my client in the matter and we advised my client to plead guilty. Upon sentencing, we made submissions concerning general deterrence, specific deterrence, protection of the community and rehabilitation. Her Honour was satisfied with our submissions and exercised her discretion to not record a conviction.
My Client was at a music festival at Sydney Olympic Park. During the evening, undercover police officers observed my client take out a resealable plastic bag from his pocket which contained two MDMA Caps. The plain clothes police approached my client and placed my client under arrest. During a subsequent search, police found two more MDMA Caps on my client.
Police gave him a Court Attendance Notice before escorting him from the festival. Once my client had sobered up, he was quite concerned about the impact a drug conviction could have on his employment and future travel plans. My Client approached us and we placed him in the best situation possible in order to try and obtain a non conviction order.
Upon sentencing, we explained to the Magistrate the steps my client had taken to demonstrate remorse, contrition, being of good character as well as a range of other factors that play a part in the synthesis of criminal sentencing.
Her Honour was convinced that the purposes of sentencing could be achieved without proceeding to conviction. This was a brilliant result for my client who now, does not have to be concerned with a drug conviction being on his record, and he is free to pursue his career and travel plans.
During an afternoon out at Barangaroo, my client organised a purchase of 4 bags of cocaine (weighing 3.65g). My Client hopped into an alleged dealer’s car, purchased the cocaine and then departed the vehicle. Little did my client know that undercover police were watching. When my client exited the vehicle, police detained him. He was subsequently charged with possession of cocaine.
This was my client’s second finding of guilt for drug possession. A non conviction based order (which is essentially a second chance) for a second time drug possession can be difficult. Notwithstanding this, we assisted my client to be in the best position possible for sentencing. We focused on my client’s good character, future prospects, remorse and contrition. His Honour was happy with our submissions and did not record a conviction for my client. This was a good result for my client which allows him to maintain his criminal free record, and progress in his career and future travel plans.
My Client was charged with slapping his then wife and hitting her with a broomstick after returning from a lunchtime gathering.
My Client plead not guilty and engaged us to represent him. During the Hearing, we cross examined my client’s ex-wife concerning her credibility. We then made submissions regarding the lack of evidence, the onus of the burden of proof being on the prosecution and why the evidence of the complainant could not be trusted. Her Honour was not satisfied that the prosecution had made out it’s case beyond reasonable doubt. Her Honour gave herself a Liberato direction which basically reinforced that the onus rested with the prosecution to prove their case and it wasn’t for the accused person to prove that they were innocent.
My Client was acquitted of the common assault charge and the contravene AVO charge.
A number of calls harassing in nature where received by an alleged victim who subsequently reported the incident to police. Police tracked the owner of the phone number that made the calls and asked the accused person to answer some questions. The accused person answered police questions and admitted to making the calls. The accused person was subsequently charged with the Commonwealth offence of ‘use carriage service to menace/harass/offend’ contrary to section 474.17 of the Commonwealth Criminal Code.
After being charged, the accused person approached us for assistance. We took his matter on and as a first step, negotiated with police to have the charge withdrawn based on information bespoke to my client. The police agreed with our proposal and withdrew that charge. This was a great result for my client to have the charge withdrawn after admitting to making the telephone calls in question. This result now leaves my client being able to get on with his life without any criminal record or pending criminal charges.
During a family gathering over Christmas, my client got into a heated argument with his pregnant partner which involved shouting, screaming, swearing and kicking objects. The neighbour called the police and alleged that my client punched his pregnant partner which “sent her flying”. My Client plead not guilty to the charge in the Local Court, but was found guilty by the learned Local Court Magistrate, placed on a supervised community corrections order and fined $2,500.
Because of this my client approached our firm wanting to see what his options were. We advised him to embark on a District Court Conviction “all grounds” Appeal. During the Appeal Hearing, we sought the Court’s leave (which means the Court’s permission) to introduce new evidence, which was granted. We introduced new evidence which supported my client’s innocence and then proceeded to make extensive submissions concerning the standard of beyond reasonable doubt, what that entails, its genesis from the English legal system and English cases such as Woolmington v DPP [1935] AC 462. His Honour said that he had very grave suspicions that my client was guilty but that he was bound to find my client not guilty due to the requisite standard of “beyond reasonable doubt” not being met. This was a good result for my client who did not have to pay the $2,500 fine, was not subject to supervision by Community Corrections and can firmly be regarded as “not guilty” of the charges.
My Client was initially charged with drug supply after the police searched him and his car while sitting in a public carpark. After negotiating with police, the supply charges were withdrawn and my client plead guilty to possessing 10 x MDMA capsules and 6 packages of cannabis. Upon sentencing in the Local Court, we highlighted my client’s rehabilitative efforts and background. We indicated to the Magistrate that the purposes of sentencing would be achieved if His Honour exercised his discretion not to record a conviction. His Honour agreed and my client received a conditional release order. A good result for my client who was facing the possibility of a custodial sentence after initially being charged with drug supply, to be able to walk out of court with no criminal record.
My Client was sitting in a car in a public carpark when police approached. My Client appeared nervous to the police and the police saw drug paraphernalia in the car. Upon searching my client, police found MDMA capsules and small cannabis packages wrapped in foil. There was another occupant in the car who was searched and police found an MDMA capsule and cannabis on her person. This other occupant in the car said that my client sold her the MDMA capsule and that my client had given her some cannabis. My Client was subsequently charged with drug supply concerning the MDMA capsules and cannabis. Once we were engaged by my client, we negotiated with police to withdraw the supply charges noting the weakness of the case and unreliability of relevant witnesses. The police agreed to withdraw the supply charges which was a good result for my client.
My Client attended ‘Field Day’ 2020 and was trying to sneak ecstasy into the event. He decided to fill a condom with five caps of MDMA and insert it into his rectum in an effort to get the drugs into the event.
Police drug dog ‘Ree’ reacted to my client whilst in the vicinity of the drug dog. My Client was stopped and subsequently stripped searched. Police found the five caps of MDMA which was inside my client’s anus.
At court, we made submissions concerning my client’s conduct, what effects a criminal conviction could have, and the rehabilitative efforts my client had undertaken. The Magistrate was persuaded by our submissions and gave my client a conditional release order with no conviction recorded. A good result for my client.
My Client was at Festival ‘X’ at Sydney Olympic Park at Homebush. Police were doing a drug operation at the time and the drug dog ‘Gilly’ was patrolling near the Steve Aoki performance.
Gilly reacted to my client and my client was subsequently searched. Police found a MDMA cap on his possession. My Client was charged and placed before the court.
Upon representing my client, we highlighted aspects of my client’s behaviour which demonstrated contrition and remorse and spoke about the purposes of sentencing in law and how this could be achieved by sentencing my client to a conditional release order without a conviction. The Magistrate was persuaded and satisfied with our submissions and did not record a conviction for my client meaning that he had no criminal record. A good result for my client.
My Client was charged with common assault and drug possession. We negotiated with the police to have the charges wrapped up into one charge via a process called ‘Form 1’. The police agreed with our proposal to wrap the charges up into one charge. This was a better result for my client as it resulted in having one charge rather than two separate charges.
Upon sentencing in the Local Court, we made submissions concerning the context of my client’s offending, his contrition, remorse, retribution and rehabilitative steps that he had taken, as well as outlining to the Magistrate what my client’s future plans were. His Honour was satisfied that the best way of dealing with the matter was via not recording a conviction and placing my client on a conditional release order. A good result for my client.
My Client was charged with common assault against another person despite never touching him. Common assault doesn’t require physical touching to be proven but nonetheless in this matter, there was no physical touching involved on behalf of my client.
In negotiating with the police, we pointed out that my client appeared to make a fist in anger but my client’s fist was not pointed towards the complainant and my client did not make an advance movement towards the complainant, which has had judicial expression to the effect that that would not constitute an assault (Stephens v Myers (1830) 4 C & P 349; 172 ER 735). The police accepted our representations and agreed to withdraw the charge.
During a January evening, my client was in the city and during a suspected schizophrenic episode, my client thought someone was chasing him. He started banging on doors and windows asking for help. Residents called the police.
Once police attended, my client was still paranoid that the police were not actually the police. Due to my client’s unusual behaviour, the police suspected that he may be under the influence of drugs. The police eventually stripped search my client and located methamphetamine. He was subsequently charged with drug possession.
At the Downing Centre Local Court, we highlighted to His Honour Chief Magistrate Judge Henson, the remorse and contrition that my client demonstrated as well as the steps he had taken to rehabilitate himself. We also spoke about my client’s plans for the future. The Magistrate was convinced that the most appropriate penalty for this matter was to not record a conviction and impose a conditional release order on my client. A good result for my client who can now focus on his career prospects.
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My Client was at a music festival in Sydney. Police with a sniffer dog approached my client and my client walked away behind a building to avoid the police and the drug dog. Police caught up with my client and subjected him to a search of his possessions and a strip search of his person. Police located 7 MDMA capsules. He was subsequently charged and issued a banning order from the area.
Upon representing my client in court, we highlighted relevant factors to the Magistrate particularly concerning my client’s future career prospects and how the purposes of sentencing would be achieved by way of dealing with this matter with a non-conviction based order. Ultimately my client received the benefit of a conditional release order without conviction for a period of 18 months. This left my client free to leave court and to pursue his career while being subject to good behaviour.
My Client was shopping and left the store with 116 items that she did not pay for. Store security stopped her and the police were called. She was subsequently charged with larceny of 116 items.
In court, we prepared a case for my client predominantly concerning her mental health issues and the impact that this may have had on the offending as well as steps that my client had taken to rehabilitate herself. Her Honour was satisfied with our submissions and commented that it was a “well prepared case”. Her Honour was happy to deal with the matter via section 10 leaving my client free to go, subject to good behaviour and without a criminal record.
‘The Everest’ horse race held at Randwick racecourse is the richest race in Australia and the richest turf race in the world, with prize money of $14 million. But in 2019, it was also the subject of a NSW Police drug dog operation looking to detect illicit drug possession and supply crimes. My Client went to ‘The Everest’ and saw drug dogs. He changed direction but police stopped him. Police searched my client and found a bag of cocaine. Police asked my client further questions concerning the substance however my client replied “no comment”. He was summoned to attend court to answer the charge.
My Client was very concerned about the potential ramifications that a drug conviction could have on his future travel and career plans. We represented him and highlighted to the Magistrate the rehabilitative efforts my client had made since the offence. His Honour was ultimately persuaded that it was appropriate to deal with this matter without the recording of a conviction. My Client was able to walk out of court without a criminal conviction and free to pursue his travel and career plans.
My Client was at Randwick Races for a day out with his friends. At the races, police were patrolling looking for drugs with sniffer dogs. The sniffer dog reacted to my client and my client was subsequently searched. Police located cocaine in his possession. My Client was not an Australian Citizen or Permanent Resident and was concerned about the impact a criminal conviction could have on not only his job, but his prospects of staying in Australia. We presented a case to His Honour that a criminal conviction was not warranted in this particular circumstance. Ultimately, His Honour was persuaded by our submissions and did not record a conviction for my client.
My Client was on a night out in Sydney City. Police were conducting random patrols of a bar when they noticed him and his friends leaving the toilet of a bar and acting in an evasive manner when they spotted police. Police subsequently searched them and found cocaine in my client’s pocket. He was handed a Court Attendance Notice by Police to answer charges of cocaine possession.
He contacted us extremely concerned about the ramifications that a criminal conviction could have on his future. We argued in Court on my client’s behalf that a non-conviction based order would be appropriate. His Honour accepted our submissions. He walked out of Court with no conviction recorded.
On a Saturday night in Bondi, my client was unaware that he was being followed by undercover police as he withdrew money from an ATM and proceeded to buy cocaine. After the purchase, my client was grabbed by undercover police and charged. My Client had a prominent position in Finance and was concerned that a criminal conviction could hamper his future career prospects. At court, we highlighted mitigating factors to the Magistrate and noted that a criminal conviction could have a long lasting effect on his career prospects, which would be disproportionate to the offending that my client was charged with. Her Honour was ultimately satisfied with our submissions and sentenced my client to a Conditional Release Order for 12 months with standard conditions, with no conviction recorded. This resulted in my client not having a criminal record.
My Client was charged with common assault arising out of a domestic violence incident where it was alleged that he punched his wife in the head. At a Summary Hearing, we questioned the credibility of some of the Prosecution witnesses and questioned the consistency of the various accounts of what happened. Ultimately, we were able to successfully argue that the evidence was not sufficient to support the charge and the charge was dismissed, leaving my client to walk free with no penalty.
My Client was charged with stalking or intimidating with intention to cause fear of physical or mental harm. The incident involved my client allegedly picking up a large kitchen knife during an argument and blocking the alleged victim from leaving the premises. The alleged victim managed to leave. My Client then followed the alleged victim to another location and a further confrontation ensued. We were able to successfully argue that the Magistrate could not consider the alleged knife incident due to the way in which the police framed the charges. Her Honour accepted our submissions and the charge was dismissed.
My Client was charged with parking in a Restricted Parking Area. Restricted Parking Area’s are often used at Universities and Hospitals. My Client wanted us to review the matter to see if he was actually guilty of the offence at law. Upon reviewing his infringement notice, we noted that all the required signage for a Restricted Parking Area were not present at the location where he received a ticket. This then meant that the Restricted Parking Area was not actually a Restricted Parking Area at law and therefore the ticket was invalid. We advised my client to plead not guilty. On the day of the Summary Hearing, the prosecution withdrew the charge.
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