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Client Avoids Conviction after Police Pursuit at 216km/h
Police pursuit, also known as ‘Skye’s law’, is treated seriously by the courts.
The latest sentencing statistics for Skye’s law cases show that 933 cases came before the courts in the past 4 years.
Of those cases, 387 people were sent to prison (41%), 177 received ‘suspended prison sentences’ (19%), 155 received good behaviour bonds with a criminal conviction (ie ‘section 9 bonds’, 16%) and 125 received community service orders (13%).
Only 1 person out of 933 avoided a criminal conviction by getting a ‘section 10’; which means guilty but no criminal record.
Sydney Criminal Lawyers recently represented a 27 year dentist whose job involves travelling long distances between various locations.
She was driving between appointments at a speed of 213kp/h in a 110kp/h zone when she saw the flashing lights of a police car behind her.
She initially slowed down but then sped up to a speed of 216kp/h in an attempt to evade police.
She was chased for 6 km before she slowed down to a stop.
She was charged with (1) Dangerous driving not occasioning death / GBH, (2) Police pursuit (Skye’s law), and (3) Speeding by over 45 km/h
She had a strong need for a driver licence and, under the direction of our Senior Lawyer Jimmy Singh, completed the Traffic Offender Program and obtained an excellent report from our recommended psychologist.
Reference letters were also obtained indicating that a criminal conviction could have impeded her future career prospects.
Mr Singh managed to persuade police to drop the charges of ‘dangerous driving’ and ‘speeding by over 45km/h’ and our client pleaded guilty to ‘police pursuit’ only.
He also managed to significantly amend the police ‘facts’.
Mr Singh then persuasively presented the case in court and succeeded in convincing the Presiding Magistrate not to record a conviction against our client by awarding her a ‘section 10’.
This also means that there is no licence disqualification and no fine.
Our client is free to get on with her life and her career.
Not Guilty of Affray and Common Assault
The Magistrate has found our 27 year old client 'not guilty' of Affray and Common Assault after a full-day hearing in Downing Centre Local Court.
Our client is a serving officer of the Australian Defence Force and was a member of the Special Forces when he attended the Fox Hole Hotel, Sydney with his brother on a Saturday night and consumed several alcoholic drinks.
The pair later left the Hotel and attempted to gain entry into The Office Hotel, but were refused.
It is alleged that our client then told the Security Officer to 'fuck off' and pushed him in the chest, causing him to step backwards. The Security Officer allegedly said 'go back across the road where you came from'.
It is alleged that the pair then got into a fight with a number of other males, during which our client punched one of the males in the temple causing him to fall to the ground and lose consciousness.
Our client was identified as the assailant by three people - the alleged victim, the Hotel Manager and a Security officer. All gave statements to police and identified our client from CCTV footage and photoboards.
Arresting police then made a telephone call to the Australian Defence Force, which resulted in our client being demoted.
All prosecution witnesses attended court hearing and gave evidence that they were certain our client was responsible.
However, through careful analysis of additional CCTV footage and thorough preparation our defence team was able to persuade the Magistrate that the prosecution could not rebut the possibility that our client was acting in reasonable defence of his brother; which is called 'third party self-defence'.
All charges were therefore dismissed and our client will now be seeking reinstatement to the Special Forces.
Conviction Appeal Successful for Client who was on a Suspended Sentence
The Presiding Judge in Downing Centre District Court has overturned the Local Court's guilty verdict against our 34 year old client who under a 'suspended sentence'.
Our client pleaded guilty to Robbery In Company late last year and was placed on a 2 year 'suspended prison sentence'.
He was driving his car in Waverley a little over a month later when he was stopped for a random breath test.
While being tested, police observed a pair of latex gloves protruding from below t
he driver's seat.
Police asked him about the gloves and he allegedly did not give an adequate explanation.
Police say that our client appeared nervous, highly agitated and was sweating profusely.
They searched his car and located several additional items under and near the driver's seat, including a 30 cm flat screwdriver, a small torch and most significantly a 'skeleton key' typically used to open a variety of locks.
They arrested and charged our with:
'Possessing Housebreaking Implements' under section 114 of the Crimes Act', and
'Commit Section 114 Offence Having Previously Been Convicted of Indictable Offence' under section 115.
The law says that if a person is found in possession of items that are capable of being used as housebreaking implements, the onus then shifts to that person (ie to the defendant) to prove that the items were for lawful purposes.
Our client took the witness stand during his Defended Hearing in Waverley Local Court but - given that he was unemployed at the time - the Magistrate rejected his explanation that he used the items for electrical work.
However, on appeal the District Court Judge was persuaded that this was a reasonable possibility and overturned the Local Court Magistrate's decision.
This means that our client is not in breach of his suspended sentence and will not be sent to prison.
Client avoids Criminal Record after Assaulting a Security Guard
The Magistrate in Downing Centre Local Court was persuaded not to record a criminal conviction against our 29 year old client who punched a security guard several times to the face causing bruising and swelling.
Our client and his friend were drinking at Court House Hotel, Darlinghurst when, at around 2.30am, they were asked to leave due to their rowdy behaviour and state of intoxication.
Our client became argumentative and then punched one of the guards 3 times to the face and several times to the upper body area.
The incident was captured on the Hotel's CCTV cameras.
Our lawyers managed to have his charge of 'assault occasioning actual bodily harm' reduced to 'common assault' and our client pleaded guilty to that charge.
Our client attended anger management counselling and obtained three character references in the lead-up to his court date.
The Magistrate was then persuaded to grant him a 12 month 'section 10 bond', which means that he avoids a criminal conviction altogether.
Assault Charges & AVO (domestic violence related) Dropped
Police have withdrawn the charge of Reckless Wounding and AVO (domestic violence related) against our 26 year old client after our defence team prepared two detailed sets of written submissions requesting withdrawal and pushed relentlessly for the case to be dropped.
The charge and AVO arose from an incident on 17th May 2014 when our client stabbed her partner in the leg with a 20cm long kitchen knife causing a large open wound requiring hospitalisation and sutures.
Our client maintained that her actions were undertaken in self defence after her partner threw a mug and then advanced upon her.
The case was scheduled to go to a defended hearing in Hornsby Local Court, but police have decided to drop the charge and the AVO rather than pursue the case in court.
Our client is now spared from the stress and expense of defended proceedings.
It is yet another example of 'domestic violence-related' charges being dropped through hard work and perseverance.
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I am so grateful to the whole team at Sydney Criminal Lawyers.
From the helpful and friendly administrative staff up to your incredible team of senior lawyers.
You have stuck with me all the way and just watching what you guys did for me and how good you guys are was just amazing.
I know that there was such a huge difference between what you did and what my co-accused's lawyers did. Thank god I came to you guys.
To have your whole team working on my case made it so much easier and took so much of the weight off my shoulders.
You guys are without a doubt the best lawyers in Sydney.
That you so much guys for giving me my life back. God bless.
- "Thank you so much guys for giving me my life back"
Dear Mr Leitner,
I was asked by Mr and Mrs [confidential] to pass on their most sincere appreciation for the dedication and work that you and your team have rendered on their behalf.
They are extremely grateful and pleased with the results and are concentrating on ensuring [confidential]obtains his driving licence in the near future.
They were most impressed about the care and commitment that you and your fellow lawyers showed, giving them hope regarding their predicament.
They were so happy with the fight Mr Jimmy Singh put up in their behalf in court and are immensely grateful for such an astute, perceptive, well-trained yet compassionate lawyer.
Mr and Mrs [confidential] said that 'thank you' seems such too few words in comparison for the true appreciation they feel for your work.
They will certainly be actively recommending your office and its services to all their family, friends and acquaintances!
- "Immensely grateful for such an astute, perceptive, well-trained yet compassionate lawyer."
I highly recommend Sydney Criminal Lawyers who got my conviction overturned and charges dismissed on appeal.
Thanks to Ugur and Jack, who's ability to read the court and change tact at lightening speed, turned what at best was an outside chance into a reality.
All the staff were friendly, professional, honest and up front from the start.
No false promises, unrealistic expectations or surprise costs. Just good advice, and I couldn't ask for a better outcome.
Nick M. (published on Google Places)
- "No false promises, unrealistic expectations or surprise costs."
Thank you. Please pass my thanks onto Mr Nedim as well. Your support is really appreciated and the professionalism from all of you helped me to win this case in court.
Wish you all the best and thanks again!
- "The professionalism from all of you helped me to win this case in court."
Went to court recently due to some unfortunate circumstances.
Mr J Singh was exceptionally helpful and diligent in all aspects of my case. I was discharged without conviction (rightfully so) but without these guys the outcome would have been far worse.
Highly recommended !
M Duffy (published by client on Google Places)
- "Mr J Singh was exceptionally helpful and diligent in all aspects of my case."
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Useful & Related Links
Penalties in NSW
Section 10 - No Criminal Conviction
Character Reference Guide
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