Not Guilty of Drug Charges due to Illegal Search
Sydney Criminal Lawyers had all drug supply and possession charges dismissed in Downing Centre Court by arguing that the police search of our client's car was illegal.
The case serves as a reminder that police cannot conduct random or 'arbitrary' searches on persons or their cars.
Police must have a 'reasonable suspicion' that the drugs exist at that particular time.
That 'suspicion' must be 'more than a mere possibility' and based upon solid grounds.
Not Guilty of Assault & Kidnapping Charges
After a 3 week trial in Parramatta District Court, the jury found our 47 year old client 'not guilty' of all charges.
He was charged with 'Kidnapping', 'Assault Occasioning Actual Bodily Harm' and 'Detain for Advantage' arising from an incident where it was alleged he kidnapped, blindfolded and seriously assaulted his former partner.
The jury took just 2 hours to acquit him.
Indecent Assault Charges and AVO Dismissed
After a two-day hearing in Orange Local Court, Sydney Criminal Lawyers had all three 'Indecent Assault' Charges dismissed against a 21 year old Koorawatha man.
The AVO application against him was also dismissed.
All Drug Charges Dismissed and Police Ordered to Pay Costs
In Parramatta Court, Sydney Criminal Lawyers had all drug charges dismissed for a 26 year old man found with 'ecstacy tablets' and 'ice' in his bedroom draw, on the basis that police could not prove 'exclusive possession'.
Police were then ordered to pay our client's legal costs because they failed to properly investigate the possibility that the drugs may have belonged to his girlfriend, who was staying in the same room at the time.
'Section 10' for 5th Drive Whilst Disqualified
In Fairfield Court, Sydney Criminal Lawyers obtained a 'Section 10' (no conviction or disqualification) for a 26 year old Guildford man who pleaded guilty to his 5th 'Drive Whilst Disqualified' offence.
The man has an extensive driving history which also includes numerous Negligent Driving offences and many Speeding Offences, including more than 30kph over the limit. He was already disqualified until 2016.
He had previously been sentenced to Community Service for 'Drive Whilst Disqualified' was very concerned that he would be sent to gaol.
Sydney Criminal Lawyers nevertheless persuaded the Magistrate to give him hope for the future and not to convict him on this occasion.
All Sexual Assault Charges Dropped and Costs Ordered Against Police
In Hornsby Court, Sydney Criminal Lawyers had all charges dismissed against a 40 year old Greenwich man accused of multiple indecent assaults against a 27 year old woman.
After the charges were dismissed, the Magistrate was persuaded to order police to pay our client's legal costs on the basis that the investigation was not properly conducted.
No Criminal Record for Assault Occasioning Actual Bodily Harm
A 40 year old Bondi man was given a 'Section 10 Bond' (no criminal record) after pleading guilty to assaulting another man in a Surry Hills bar causing a black eye and chipped teeth.
The Presiding Magistrate chose not to record a conviction after accepting that it may have caused him to lose his job and his chance at permanent residency.
Section 10 for Third 'Drink Driving' Charge
In Parramatta District Court, a 38 year old man who pleaded guilty to a 3rd drink driving charge was dealt with under ‘Section 10’ (i.e. without conviction, fine or disqualification).
The case was initially in Blacktown Local Court where the Presiding Magistrate had imposed a conviction, 12 months disqualification, an $800 fine and $76 court costs.
Sydney Criminal Lawyers successfully appealed that decision and the defendant, who needs his licence for employment, can retain his job and continue to support his wife and two young children.
No Conviction or Disqualification for Drive Whilst Suspended
Sydney Criminal Lawyers obtained a 'Section 10' (no conviction or disqualification) in Fairfield Local Court for a 26 year old Bonnyrigg man who pleaded guilty to 'drive whilst suspended'.
Our client was very pleased considering that he had accumulated over 40 demerit point during his relatively-short driving career and was previously convicted and sentenced to 18 months periodic detention for 'drive recklessly / furiously / in manner / at speed dangerous'.
High Court Appeal Successful
In the High Court of Australia, Sydney Criminal Lawyers successfully appealed the murder conviction of accused drive-by shooter Naseam El Zayet, his conviction was quashed and a new Trial was ordered.
Section 10 Dismissals for 'Film Private Parts Without Consent'
Sydney Criminal Lawyers persuaded the Presiding Judge in Downing Centre District Court to dismiss charges under 'Section 10' for a 27 year old Hurstville man who pleaded guilty to 2 counts of 'Film Private Parts Without Consent'.
Criminal convictions would have made it difficult for our client to pursue his chosen career path and possibly to obtain permanent residency.
Skye's Law Appeal Successful
In Wollongong District Court, Sydney Criminal Lawyers successfully appealed a decision by Batemans Bay Local Court to imprison a 24 year old Canberra man for 'police pursuit' and 'mid range drink driving'.
The man had been represented by other lawyers in the Local Court.
Sydney Criminal Lawyers listed and conducted the Appeal within a week of being approached by his family.
The man was given 'suspended sentences' and released from custody, much to the joy of his family.
'Section 10' for 12 Ecstacy Tablets
Sydney Criminal Lawyers obtained a 'Section 10' (ie no criminal conviction) for a 30 year old man after persuading police to reduce a charge of 'supply prohibited drug' to 'possess prohibited drug' and then convincing the Magistrate that a criminal conviction would impact negatively on his employment prospects.
No Conviction for Ticket Fraud
In Downing Centre Local Court, Sydney Criminal Lawyers obtained a 'Section 10' (No Conviction) for a 29 year old Rockdale man who pleaded 'guilty' to selling a large number of fraudulent concert and sporting event tickets over several months.
The Magistrate accepted that the man committed the offences out of desperation and that a criminal conviction would have interfered with his employment prospects.
Police Ordered to Return Seized Money
In Downing Centre Local Court, Sydney Criminal Lawyers succeeded in having 'Proceeds of Crime' charges dismissed for a 32 year old Bondi man accused of possessing $4,550 from drug dealing activities.
Police were then ordered to return the seized funds to our client.
No Conviction for High Range Drink Driving
In Waverley Local Court, Sydney Criminal Lawyers obtained a 'Section 10' (no conviction or disqualification) for a 28 year old man who pleaded guilty to driving with ‘high range drink driving' (his blood alcohol reading was 0.218)
No Prison for $270,000 Fraud
Sydney Criminal Lawyers persuaded the Presiding Judge in Downing Centre District Court to impose a 2 year 'suspended sentence' (no prison) for a 46 year old man who defrauded his employer of $270,000 over an 8 month period.
The Presiding Judge made the decision after considering a range of factors, including our client's attendance at counselling to address an underlying gambling addiction, partial repayment and the dire consequences upon him and his family of a prison sentence.
Drink Driving Charge Dismissed
Middle range pca charge was dropped against a 43 year old man after police breath tested him on his own property.
The man was illegally breath tested after pulling into his driveway, stopping his engine and exiting.
The case is a reminder to police that they must follow breath-testing laws, including the law that they cannot test persons on their own land.
Another rule is the '2 hour rule', which says that a driver's breath must be 'analysed' within 2 hours of driving.
Finding of 'Self Defence' for Night Club Patron
Charges of 'Affray', 'Assault Occasioning Actual Bodily Harm' and 'Common Assault' were dismissed against a 27 year old night club patron who repeatedly punched a security officer, after the Court found that he may have acted in 'self defence'.
The security officer sustained a broken nose and bruised eye during the incident, but the prosecution could not disprove the defence argument that the patron was defending himself against the guard's aggression.
Charges Dismissed in 'Skye's Law' Case
All charges were dismissed against a 40 year old motorbike rider charged with 'police pursuit' when the Magistrate found that he did not know, and 'could not reasonably have known' that police were pursuing him.
No Conviction/Disqualification for 2nd Drink Driving offence within 5 years
After persuading police to reduce a charge of high range pca to low range pca, Sydney Criminal Lawyers obtained a 'Section 10' (ie no conviction, no disqualification and no fine) for a 32 year old Parramatta man despite it being his 2nd drink driving offence within 5 years.
No Conviction for 'Drive Whilst Disqualified'
In North Sydney Court, Sydney Criminal Lawyers obtained a 'Section 10' for a 30 year old Cremorne man who pleaded guilty to 'Drive Whilst Disqualified'.
The man initially had a 'Demerit Point Suspension' and was later convicted in Kogarah Court of 'Drive Whilst Suspended' and disqualified for 12 months. He had other lawyers at that time.
He then drove again and was charged with 'Drive Whilst Disqualified'. He then came to Sydney Criminal Lawyers who, despite his driving record, convinced the Magistrate to give him the benefit of 'Section 10' (no conviction or disqualification).
Not Guilty of Dangerous Driving Occasioning Death
A 26 year old Belrose man was found 'not guilty' of all driving charges in Downing Centre Court, after the prosecution could not disprove that his loss of control and collision might have been caused by mechanical failure.
No Conviction for High Range PCA
In Downing Centre District Court, a 46 year old Mascot woman was dealt with without disqualification, fine or conviction despite having a blood alcohol reading of 0.165
Good Behaviour Bond for Multiple Frauds
After persuading the DPP to withdraw 12 out of 13 Fraud Charges, Sydney Criminal Lawyers obtained 'Section 9 Good Behaviour Bond' for a 26 year old woman who was already on good behaviour bonds for other fraud offences.
No Criminal Record for 'Dog Attack'
A 27 year old owner of a dangerous dog that attacked a 9 year old boy was dealt with under 'Section 10' (no conviction), after the court was persuaded that she had taken reasonable steps to prevent her dog from escaping and attacking.
Child Abuse Material Charges Dismissed
All 'child abuse material' charges (or 'child pornography' charges) were dismissed against a 46 year old Chatswood man after it was established that the material could have been downloaded by another user.
The Magistrate found that at least two other people had access to the computers and any one of them could have downloaded the material.
DPP Forced to Withdraw Sexual Assault Charges
The DPP dropped all 'sexual assault' charges against a 30 year old Auburn man after Sydney Criminal Lawyers provided them with subpoenaed material suggesting his innocence.
Until that point, the DPP solicitor was adamant about prosecuting our client, describing him as 'clearly guilty'.
Ongoing Drug Supply Charges Dismissed
In Parramatta District Court, Sydney Criminal Lawyers had all charges dismissed against a 26 year old man accused of supplying 'ice' and 'ecstacy' on an 'ongoing basis'.
This result was obtained despite there being police surveillance and telephone intercepts allegedly establishing that our client supplied the drugs on at least 12 occasions over nearly 6 weeks.
Suspended Sentences for Multiple Break, Enter & Steals
Sydney Criminal Lawyers obtained 'suspended sentences' (no prison time) for a 34 year old man who pleaded guilty to a string of 5 'break, enter & steal' offences against homes across Sydney's North Shore.
The man has a lengthy criminal record of similar crimes, has previously served prison sentences and was on 2 good behaviour bonds when he committed the offences.
No Conviction for Speeding by over 45 kp/h
In Downing Centre Court, a 52 year old truck driver was given a 'section 10' (no licence suspension, no fine and no conviction) after pleading guilty to driving at a speed of 162 kp/h in a 110kp/h zone.
His licence is crucial for him to work and provide for his family.
No Criminal Conviction for Multiple Passport Fraud
Sydney Criminal Lawyers obtained 'section 19(1)(b) recognizances' (ie bonds without criminal convictions) for a 43 year old woman who pleaded guilty to multiple counts of passport fraud in 2001 and 2011.
We worked on the matter for several months, successfully having the number of charges reduced and the 'sentencing facts' amended. We also arranged for reports and references placing our client in an excellent position at her Sentencing.
Remarkably, her previous criminal lawyers told her that she would certainly receive lengthy prison sentences.
No Prison for Alleged Robbery in Company
Sydney Criminal Lawyers obtained an 'intensive correction order' (ie community service, supervision and counselling - no prison) for a 21 year old man accused of 'robbery in company' (ie robbery with another person) in the drive-thru of McDonalds, West Ryde.
This was achieved by persuading the DPP to withdraw the 'robbery in company' charge and replacing it with a much less-serious 'assault' charge.
Our client (who was captured by CCTV and caught at the scene) then pleaded guilty to 'assault'-only and Sydney Criminal Lawyers successfully fought to keep him out of prison, despite his lengthy criminal record.
This is an outstanding result because the man who committed the offence with our client (the 'co-accused') received a two and a half year prison sentence for the same crime! His criminal lawyers were unable to reduce their client's charge down to 'assault' and to keep their client out of prison.
It pays to choose the right criminal lawyers.
No Prison for 3 Armed Robberies
Sydney Criminal Lawyers obtained 'suspended sentences' (no prison time) in Parramatta District Court for a 19 year old man involved in 3 armed robberies.
The man was charged with 3 other 19 year-old defendants; all of whom were represented by other criminal lawyers.
Sydney Criminal Lawyers' client was the only defendant to stay out of prison.
Another Sexual Assault Case Dropped
Sydney Criminal Lawyers have again persuaded the DPP to withdraw all sexual assault charges, this time against a 52 year old Chatswood man accused of 'aggravated sexual assault', 'indecent assault' and 'detain for advantage'.
Not Guilty of Negligent Driving
A 42 year old bus driver was found 'not guilty' of 'negligent driving' after his bus collided with a pedestrian who carelessly crossed a busy bondi intersection
Credit Card Fraud Cases Dropped
Sydney Criminal Lawyers successfully persuaded the DPP to drop all fraud charges against a 26 year old Strathfield man and 28 year old Lidcombe man found in possession of over 50 fraudulent credit cards.
It is already the fourth time this year that Sydney Criminal Lawyers has had credit card fraud proceedings withdrawn.
District Court Appeals Successful
Sydney Criminal Lawyers obtained 'suspended sentences' (no prison time) in Parramatta District Court for a 39 year old Brookvale man convicted of 'Affray' and 2 counts of 'Assault Occasioning Actual Bodily Harm' and a 24 year old Arncliffe man convicted of 12 counts of 'Obtain Benefit by Deception'.
Both men came to Sydney Criminal Lawyers after being given lengthy prison sentences in the Local Court when represented by other criminal lawyers.
Sexual Assault Case Dropped
Sydney Criminal Lawyers once again succeeded in having all sexual assault proceedings withdrawn, this time for a 29 year old Hornsby man charged with 'sexual assault' and 'indecent assault'.
The DPP dropped all charges after Sydney Criminal Lawyers submitted a detailed report highlighting the inconsistencies in the prosecution statements, and then fighting for withdrawal of the charges.
Section 10 for Assaulting Taxi Driver
A 36 year old British National was dealt with 'without criminal conviction' after pleading guilty to assaulting a taxi driver causing a bleeding nose and bruising.
The Magsitrate was persuaded to order a 'Section 10' (no conviction) after hearing submissions that a conviction may have affected his Visa and employment prospects.
No Prison for Commercial Drug Supply
Sydney Criminal Lawyers obtained a 'Section 11 Bond' in Downing Centre District Court for a 27 year old man who pleaded guilty to supplying 1000 ecstasy tablets and 79 grams of 'ice'; which means he will not go to prison as long as he completes his rehabilitation and does not commit further offences.
No Punishment for Breach of Suspended Sentences
Sydney Criminal Lawyers succeeded in persuading the Presiding Judge in Downing Centre District Court to take 'no action' against a 27 year old client who previously received two 'suspended sentences' for Robbery in Company offences and who recently breached those sentences by committing further crimes.
Bail for Large Commercial Quantity of Cocaine
Sydney Criminal Lawyers obtained bail in Central Local Court for a 26 year old man charged with having 4.75kg of imported Cocaine, which is an offence carrying a maximum penalty of life imprisonment and a 'presumption against bail'.
Successful Bail Applications
Sydney Criminal Lawyers conducted over two-dozen successful bail applications over the holiday period.
Manslaughter Proceedings Withdrawn
After submitting extensive written 'representations' to the Director of Public Prosecutions and fighting for proceedings to be discontinued, Sydney Criminal Lawyers succeeded in having all charges withdrawn against a 41 year old Hunters Hill man charged with manslaughter.
All Four Defendants 'Not Guilty' of Assaulting Police at The Rocks.
Sydney Criminal Lawyers secured 'not guilty' verdicts in Downing Centre Local Court for four men charged with assaulting assaulting two off-duty police officers.
After five days of hard – fought hearing, the Presiding Magistrate agreed with the defence that there was a reasonable possibility that the defendants acted in self defence.
Bail for Man Accused of Manslaughter
Sydney Criminal Lawyers successfully applied for bail in the highly publicised manslaughter case of a 41 year old Hunters Hill man.
The defendant was charged with the involuntary manslaughter of 74 year old Janet May Jackson for allegedly failing to call an ambulance after finding her injured at her home. He was a friend of the infirm Mrs Jackson for 15 years. Mrs Jackson was found dead at home some days later.
The case continues and Sydney Criminal Lawyers will fight to have the charge withdrawn. UPDATE: ALL PROCEEDINGS WITHDRAWN
