Client Avoids Prison Despite Breaching Suspended Sentence
In May 2013, our client pleaded guilty to Supplying a Commercial Quantity of Prohibited Drug and 3 counts of Possess Prohibited Drug.
He was given a two-year 'Suspended Sentence' and 3 x three-year 'Section 9 Good Behaviour Bonds' for those charges by the Presiding Judge in Downing Centre District Court. This was an excellent result given the seriousness of the charges.
However, in November 2014, he was found in possession of MDMA ('ecstacy') tablets and a quantity of cannabis, and charged with two counts of drug possession. Those charges caused him to breach his 'Suspended Sentence' and his 'Good Behaviour Bonds'.
In the lead-up to his court proceedings, our legal team gathered material supporting the assertion that our client had taken significant steps towards rehabilitation, but had found it difficult at times and relapsed.
In the result, the Presiding Judge was persuaded that there were good reasons to excuse the breach of Suspended Sentence. The breach was therefore excused and our client was given a fresh two-year section 9 good behaviour bond.
He therefore avoids prison and can continue in his efforts towards rehabilitation.
Prosecution Drops Sexual Assault Charges
The Defence Team at Sydney Criminal Lawyers has once again convinced the DPP to drop charges of 'Sexual Intercourse Without Consent'.
Our 27 year old client was a friend and colleague of the complainant before they commenced an intimate relationship. Although the relationship broke down after several months, the pair continued to work together for the same business.
They attended the staff Christmas party in Sydney where they both consumed several alcoholic drinks. The event finished at around midnight and the pair attempted to find public transport, without success. They then agreed to catch a taxi together to the complainant's unit.
It is alleged that whilst inside the unit, our client forced himself onto the complainant and had sexual intercourse with her.
The pair exchanged several text messages over the next few days during which, according to the police 'facts', our client 'apologised and begged the victim not to contact police as it would ruin his life'.
Our client was adamant that the sexual intercourse was consensual and that his fears were not because he was guilty, but due to the fact that any such report could cause him to lose his job and reputation.
Our team quickly subpoenaed the telephone records of both parties and all relevant CCTV, which revealed several notable inconsistencies in the complainant's statement. It also supported our client's instructions regarding the basis of his fears.
A detailed letter was prepared and sent to the DPP requesting withdrawal of the charges on that basis, and after a series of discussions, the DPP dropped all charges against our client.
The case is yet another example of how a pro-active defence can often lead to charges being dropped, which saves the client from going through months or even years of anxiety and stress, not to mention expense.
Not Guilty of Assault Charges and AVO after Defended Hearing in Downing Centre Court
Our client is a 43 year old chiropractor living in an apartment block in Sydney.
It was alleged that on a Sunday morning, two of his neighbours heard loud music coming from the building’s parking lot and went down to investigate.
They saw our client cleaning his car and asked him to turn his music down. An argument then occurred during which, it was alleged, our client kicked his female neighbour to the chest causing her to fall to the ground and punched his male neighbour to the face several times, also causing him to fall.
Paramedics were called and the neighbours were said to be suffering from bruising, cuts, abrasions and severe pain.
Police then attended and charged our client with ‘Assault Occasioning Actual Bodily Harm’ and ‘Common Assault’. They also applied for an Apprehended Violence Order against him.
Our client was adamant that he did not strike the female at all and that he acted in self-defence in relation to the male.
Our lawyers obtained CCTV footage which showed parts of the incident, and did not show our client striking the female.
The case went to a full-day defended hearing in Downing Centre Local Court where our legal team persuaded the Magistrate that:
(a) there was insufficient evidence to establish that our client struck the female, and
(b) there was a reasonable possibility that our client acted in self-defence in respect of the male.
Accordingly, our client was found ‘not guilty’ and all charges and the AVO against him were dismissed.
Client Escapes Criminal Record after Making Serious Threats to Work Cover
Our client is a 53 year old man who suffered a serious work accident in 2008, during which he sustained a range of serious injuries.
He has been dealing with Work Cover ever since that accident.
Frustrated by the perceived attitude of that agency, he made a series of telephone threats to Work Cover employees shortly after the Lindt Café Siege - the most serious of which was “I’ll go get a gun and come down to your office and make Martin Place look like a joke”.
Needless to say, those threats were taken very seriously by Work Cover employees and by police, who arrested and charged him with ‘use carriage service to menace / harass / offend’ under section 474.17 of the Commonwealth Criminal Code Act.
Despite the seriousness of the charge, our lawyers persuaded the Magistrate in Parramatta Local Court to deal with our client under section 19B of the Commonwealth Crimes Act, which means that he escapes a criminal record altogether.
Not Guilty of Aggravated Indecent Assault
Our client is a 48 year old New Zealand citizen residing in Western Sydney, and the complainant is his 10 year old niece.
The complainant slept with her father on a bed in the master bedroom of their house in a suburb near Wyong, while our client would sleep on a fold-out bed in the same bedroom when visiting.
It was alleged that during one sleepover, our client sexually abused the complainant by touching her private parts while her father slept. She made the complaint her father who then reported the matter to police.
Our client vehemently denied the allegations from the start. He was nevertheless charged with two counts of 'Aggravated Indecent Assault'.
The case went to a defended hearing in Wyong Local Court during which our senior lawyers systematically dismantled the complainant's version of the events.
Our client was found 'not guilty' of both of the charges, and the AVO application brought against him was also dismissed.