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Want to maintain your freedom? Do you want to minimise the financial implications of your mistake? Do you want your future job and travel prospects not to be impacted? Then engage Sydney Walker Criminal Lawyers to represent you.

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  • Brian was very helpful and understanding since the first time we have been in touch and I'm very happy with the outcome of it.
    I highly recommend him!!

    Cristina Avatar
    Cristina
    30/06/2021
  • Brian’s knowledge, respectful suggestive persuasiveness on the day that mattered, made for a great result.
    Highly recommended.

    Lisa McDonald Avatar
    Lisa McDonald
    26/06/2021
  • Brian was absolutely fantastic, he helped us through a really tough period and matter and was able to get the best possible results. He walked us through the entire process from start to finish and answered all our questions, addressed our concerns efficiently and very quickly. Brian is very professional and proactive. He's experience and knowledge in the field is highly commendable. I would recommend Brian and his firm to anyone needing the best representative possible.
    Thank you Brian!

    R D Rio Avatar
    R D Rio
    07/05/2021
  • Brian was super helpful from my first enquiry until my hearing and answered any questions I had along the way. I couldn’t of been happier with my non conviction result and I highly recommend Brian and his team for all criminal law matters.

    Patrick Green Avatar
    Patrick Green
    13/04/2021
  • Dealing with Brian was a pleasure, he was very professional and answered all my questions. I wouldn't hesitate to recommend him to someone in need of advice on criminal matters.

    CP (identity withheld) Avatar
    CP (identity withheld)
    25/02/2021
  • Brian was my barrister in a matter regarding a court hearing , Brian made me feel positive thru out my hearing and helped me thru a very stressful time ,I would not hesitate to recommending Brian Walker from Walkers Criminal Lawyers . Fantastic lawyers rating out if 10 I give 10 thank you Walkers Criminal Lawyers mainly Brian Walker for all your help.

    Barbra Avatar
    Barbra
    04/02/2021
  • Brian answered any questions asked. Brian is a sophisticated and intellectual lawyer which has the ability to interpret his skill in and outside of court. Brian has a broad understanding of criminal law and will be able to assist in drug matters.

    Mohammad Tahery Avatar
    Mohammad Tahery
    04/11/2020
  • Incredibly compassionate and caring. Nothing was too difficult and had the matter resolved promptly and to my complete satisfaction. If you want a lawyer who genuinely cares for their clients and will go above and beyond for you, go to Walker Criminal Lawyers.

    Vanessa Kreiman Avatar
    Vanessa Kreiman
    06/08/2020
  • Brian Walker was professional, helpful and experienced and made my life 10000 times easier - highly recommend.

    selene coase Avatar
    selene coase
    26/05/2020
  • I would definitely recommend Brian Walker! In such circumstances, you want to know you’re being looked after; and that we definitely were! Always professional and so helpful! Very attentive and always checking in! Thank you again guys 🙂

    Anastasia Tsolakis Avatar
    Anastasia Tsolakis
    03/04/2020

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Recent Results

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.

My client was subject to an AVO which he breached by attending a prohibited address and damaging property on multiple occasions. Occupants of the house called the police and when police arrived, my client used a knife in an attempt to avoid arrest.

During sentencing proceedings, submissions were provided concerning the positive aspects of my client’s life including his dedication to work and the sincere charitable endeavours that my client had undertaken. Submissions on achieving the purposes of sentencing which did not include my client remaining in jail were provided. Ultimately on sentencing, the learned Magistrate was persuaded that while a sentence of imprisonment was warranted, the objectives of sentencing could be achieved by the sentence being served whilst my client was in the community. This means that my client is not in jail for the duration of the prison sentence.

This was a great result for my client who is now free to leave jail and continue his rehabilitative efforts.

My client was charged with assault occasioning actual bodily harm and damaging property arising out of a domestic dispute. My client was concerned about the possibility of jail given his criminal history.

Different options were discussed including pleading guilty, pleading not guilty or seeking a mental health diversion. Ultimately, following advice, my client decided to plead guilty. Upon sentencing, submissions were made to the learned Magistrate concerning the actions that my client had taken in order to try and remedy the source of tension which led to this offending. Further submissions were provided concerning why the purposes of sentencing would not be achieved via the imposition of a custodial sentence. Ultimately Her Honour was satisfied that a custodial sentence was not warranted in my client’s matter. A great result for my client who can now continue on with his life in the community.

My client was charged with 13 domestic violence charges including assault occasioning actual bodily harm, stalk/intimidate and common assault. My client plead not guilty but was found guilty by the learned Local Court Magistrate.

Following advice, my client appealed to the District Court and made a mental health diversion application. Submissions were provided to the learned District Court Judge regarding why the law allowed my client to be dealt with in this manner, why my client should not be made an example of to the community, and why the community would benefit from my client being diverted away from the criminal justice system. Following a long deliberation, His Honour was of the view that the community would benefit if my client was diverted away from the criminal justice system and dealt with under Mental Health legislation. This meant that the 13 charges against my client were dismissed, meaning no criminal penalty and no criminal record.

This was a great result for my client who was initially facing jail time after being found guilty of 13 charges.

My client applied for Australian Citizenship and was waiting to sit the Citizenship Test. My client then received correspondence from the Department of Home Affairs stating that her application for Australian Citizenship had been refused.

My client sought my advice and subsequently appealed the decision to the Administrative Appeals Tribunal. During the Tribunal Hearing, a ruling was made allowing my client to sit the Citizenship Test. My client passed the Citizenship Test and was subsequently granted Australian Citizenship. A great result for my client!

During a messy separation, my client was concerned about losing his fair share of the family home and was also concerned about the cost of legal expenses. Initially his partner did not agree to a 50/50 split of the family home and wanted to litigate the matter. Through protracted negotiations with her legal representatives, it was agreed that the matter could be finalised by a 50/50 split with consent, therefore potentially saving hundreds of thousands of dollars in legal fees. This resulted in my client receiving approximately $400,000 as part of his settlement. A great result for my client who can now get on with his life.

An entity had failed to lodge their tax return for a number of years and eventually was issued with multiple penalty’s for failure to lodge tax returns. Assistance was provided to get their tax affairs in order and lodge their outstanding tax returns. As part of this negotiations were had with the ATO in order to get the failure to lodge penalties remitted which was achieved. Some of the outstanding tax returns resulted in a refund, some resulted in a small amount of tax payable, but most importantly there were no failure to lodge penalty’s applied.

An entity presented to the office in a disarray as they had been presented with a significant tax debt consisting mostly of the ATO’s General Interest Charge (GIC).

The GIC is designed to penalise taxpayers who lodge their tax returns late as opposed to people who lodge their tax returns on time and to make sure that Government revenue is not disadvantaged by taxpayers who pay their tax late.

The entity’s tax debt position was assessed and assistance was provided to get his affairs in order. As part of this process, negotiations occurred with the ATO and pointed out extenuating circumstances particular to the entity in order to argue for a remission of the GIC. The ATO accepted the provided submissions and the GIC was remitted in full.

An entity was faced with a significant debt from the ATO in relation to GST that was payable as well as penalties for Failure to Lodge.

The entity’s position was reviewed and it became apparent that there was an error in the calculation the ATO had made with respect to the GST amount payable.

While highlighting this error to the ATO, negotiations occurred for a full remission of the Penalty for Failure to Lodge relying predominantly on issues particular to the entity. The ATO accepted the provided submissions and the entity was able to bring their GST Activity Statement’s back in order, most importantly with no penalty payable for originally failing to lodge.

My client was charged with kidnapping arising out of a domestic dispute. Kidnapping carries a maximum penalty of 20 years imprisonment. My client applied for bail 3 times at the Local Court and bail was refused each time.

Subsequently, my client made an application to the Supreme Court to be released from custody.

Following my advice, evidence was prepared prior to the Supreme Court Hearing addressing the bail concerns and why they could be adequately mitigated if my client was granted his liberty.

Despite the Office of the Director of Public Prosecutions opposing bail, Her Honour was satisfied that the bail concerns could be mitigated by the proposed bail conditions put forward on behalf of my client.

A great result for my client who regained his liberty while he continues to fight the criminal allegations put forward by the police.

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.

My client was selling commercial quantities of MDMA. Unbeknownst to him, the buyer was an undercover police officer. My client was subsequently arrested, charged and remanded into custody.

My client approached me for advice. After reviewing his case, I negotiated with the Office of the Director of Public Prosecutions (ODPP) to downgrade and lower the charges. Once this occurred, my client then plead guilty.

Upon sentencing, submissions were provided to His Honour concerning my client’s subjective circumstances including his background, his mental health issues and his rehabilitative efforts in custody after being arrested. His Honour was satisfied that with time served in full-time custody, my client deserved to serve the remainder of his sentence in the community subject to an Intensive Correction Order. A great result for my client who was released from custody on the day of his sentence. My client can now continue his rehabilitative efforts, including addressing his mental health issues and embark on being a law abiding citizen. A great result for my client!

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.

My client was charged with separate domestic violence incidents which occurred on different days with the same victim. My client didn’t know what to do as his career and livelihood were in jeopardy. Following my advice, my client plead guilty and underwent a psychological evaluation. Subsequently an application to divert my client away from the criminal justice system under mental health legislation was made to the Court.

Submissions were prepared for Court concerning why it was in the public interest that my client be diverted and why the relevant case law precedents assisted the Court in determining that my client should be diverted under mental health legislation. Ultimately, the Learned Magistrate was satisfied that it was appropriate to divert my client and a mental health diversion was ordered.

This diversion allows my client to embark on rehabilitative efforts without any custodial time, community service, financial penalty or criminal record.

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.

My client was selling Ecstasy capsules at the Arq nightclub in Sydney on a Friday and Saturday night. NSW Police were conducting a controlled operation, acting as undercover police and purchasing the drugs from my client pretending to be a patron.

NSW Undercover Police purchased drugs from my client on 4 separate occasions before arresting her. Upon her arrest and search, they located 95 MDMA capsules.

My client was charged with a number of charges. Through negotiations with the Office of the Department of Public Prosecutions (DPP), a  number of the charges were withdrawn. My client plead guilty to the remaining charges.

At sentencing in the District Court, submissions were provided to Her Honour regarding my client’s background, her rehabilitative efforts since the arrest as well as legal principles regarding full-time custody being an option of last resort and how the imposition of a community based sentence would assist the community in my client not having the opportunity to develop settled criminal habits if she was given a sentence of full time custody.

Ultimately Her Honour was satisfied that the purposes of sentencing could be achieved by sentencing my client to an Intensive Corrections Order which is a form of imprisonment that is served in the community. This allows my client her freedom and allows her to continue her rehabilitative efforts whilst in the community.

My client was charged with supplying an indictable quantity of meth. An indictable quantity is larger than a small quantity but lower than a commercial quantity. It results in a jail sentence in approximately 25% of cases depending on a range of factors.

My client had served 2 months in custody on remand in relation to this charge. My client engaged my services wanting to leave jail and not face anymore time in jail. I reviewed the evidence provided by police and advised my client to plead guilty which he subsequently did so.

On sentencing at Sutherland Court House, I made submissions to the Learned Magistrate concerning the circumstances which resulted in my client engaging in drug supply as well as the steps he had taken to improve himself since he had been in custody amongst other things. Ultimately His Honour was satisfied that my client had spent enough time in custody already and released him into the community subject to certain conditions including to abstain from drugs. A great result for my client who can now continue his rehabilitative efforts in the community.

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 served with a police initiated apprehended violence order (AVO) application which required my client not to consume alcohol and/or take drugs within 12 hours of being near his partner. This police initiated AVO was instigated due to an incident that had occurred earlier.

My client approached me concerned that the AVO conditions would impinge upon his lifestyle if the AVO was made by the Magistrate for the 2 year time period as sought by police. I represented my client at Court and sought about negotiating with police. I pointed out to police why their application might fail in Court and that the most cost effective and time efficient manner to resolve the matter would be to vary the AVO conditions. The police agreed and the AVO was varied, deleting the restriction on consuming alcohol and/or drugs within 12 hours of being near his partner. A great result for my client who is now not subject to the alcohol and/or drug consummation prohibition for the next two years.

My client approached me concerned as a private AVO application had been made against him. I represented my client and appeared at Court for him. My client was concerned about the potential effects that an AVO could have on him and what could potentially happen if the AVO order was made and the applicant subsequently made a false allegation against my client to police whilst the AVO was in force.

While at Court, I negotiated with the other party and they decided to withdraw their application. A great result for my client who can now get on with his life without the AVO and/or an AVO application looming.

My client was the person listed as the person in need of protection (also known as the PINOP) in a police initiated apprehended violence order (AVO) application. The AVO was taken out by police on behalf of my client without my client wanting the AVO. My client told police that she did not want the AVO but the police would not listed / not take any action to stop the AVO application. A formal application was made to the Court on behalf of my client to revoke the AVO. The revocation application was subsequently presented to Her Honour at the Downing Centre. Despite the police application, Her Honour was satisfied that granting the revocation application was the appropriate decision. A great result for my client!

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.

At Parramatta Local Court, my client was charged with stalk or intimidate intending to cause fear of physical or mental harm arising out of a domestic relationship, contrary to section 13(1) Crimes (domestic and Personal Violence) Act 2007 (NSW). My client was concerned about the punishment for this offence and his future career prospects given the charge.

Upon my advice, my client plead guilty and undertook a psychological evaluation. Subsequently I made an application to the Court for the matter to be dismissed pursuant to mental health provisions. This is also known as a section 32 dismissal pursuant to section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW).

Ultimately His Honour was satisfied that my client was suitable for a diversion under mental health legislation which means that the matter is marked as dismissed and no criminal record is afforded to my client on the condition that my client undertake appropriate mental health treatment.

This was a great result for my client who can now focus on his rehabilitation and future career.

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.

My Client approached us wishing to get a Apprehended Personal Violence Order against another individual that they claimed was harassing them.

We advised my client to commence proceedings against the individual which they did. At the first court mention, the defendant resisted the application and opposed it.

My Client was then instructed by the Court to prepare evidence, serve it on the defendant and file it with the Court. We provided legal advice to my client on preparing the requisite written evidence to serve on the defendant and file with the Court.

Upon reviewing my client’s evidence, the defendant decided that they did not want to contest my client’s application for an Apprehended Personal Violence Order and consented to the granting of the order.

This was a great result for my client as they got the order that they applied for without the extra cost or time of having to go through a contested Hearing due to the quality of the evidence that they served on the defendant.

This now provides my client with a level of legal protection against future harassment from the defendant.

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.

Affray is a serious charge as set down by Parliament carrying a maximum penalty of 10 years imprisonment.

My Client had left an entertainment venue where he had taken a backpack that didn’t belong to him. The owner of the backpack left the entertainment venue and confronted my client. A fight ensued where a knife was allegedly pulled out by the owner of the backpack. A relatively serious physical fight then took place with many onlookers who called police. When police arrived, my client was arrested and charged with numerous offences.

My Client approached us for advice and representation. In my client’s criminal history, he had had charges for similar offences in the past. We entered into negotiations with the prosecution who subsequently withdrew some of the charges leaving my client with just an affray and larceny charge.

Upon advice, my client plead guilty and during sentencing an extensive subjective case was presented to the Magistrate concerning my client’s mental illnesses and the rehabilitative efforts my client had taken since the event occurred. We also provided submissions on the objective seriousness of the offence concerned and why it was at the lower end of charges of this nature.

Despite having been sentenced to a Community Corrections Order in the past for the same offence, Her Honour was persuaded that the appropriate sentence in this matter would be for a further Community Corrections Order with no jail, community service and/or financial penalty. A great result for my client who can now continue with his rehabilitative efforts to cure his mental health ailments.

My Client was subject to an AVO and had previously been sentenced to a Community Corrections Order for a previous Domestic Violence incident.

During the COVID lockdown, my client and his wife were arguing at home. A neighbour called police and police attended at my client’s house. When police were in attendance, my client’s wife disclosed a domestic violence assault including punches.

My Client was arrested and police refused my client bail which meant he had to stay in jail overnight.

My Client engaged our services wondering if he should plead guilty or not guilty and he was concerned about the potential penalty he may incur considering this was his second offence of this kind and he had breached an apprehended violence order. Following advice, my client plead guilty and undertook an anger management course.

At court, Her Honour was of the view that a custodial sentence was warranted, so ordered a Sentence Assessment Report to consider if there were any alternatives to full-time imprisonment. During the intervening time period, my client completed his anger management course.

Upon sentencing, we made submissions to Her Honour about the context around the offending including the effects COVID had on domestic relationships at the time. We highlighted my client’s co-operation with authorities, the rehabilitative efforts that my client had taken to influence his offending behaviour, as well as his good character outside of this offending.

Her Honour was satisfied that even though this was a repeated offence for my client in breach of an AVO, another Community Corrections Order with community service would be the right way to sentence this matter and avoid jail. A great result for my client who can now continue his rehabilitative efforts.

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 was observed speeding by Strike Force Raptor and when signalled through lights and sirens to pull over, he failed to do so. Instead he sped up, and a police pursuit ensued. My Client refused to stop, and police terminated the pursuit due to the speed and danger to the public. My Client eventually stopped and fled on foot but was captured by police. He was charged with a number of charges including a police pursuit, driving in a manner dangerous, not complying with conditions of licence, not disclosing the identity of a passenger as required and speeding 45km/h or more over.

My Client had a criminal history including a finding of guilt for sexual touching without consent for which he was the subject of a community corrections order. This new offence brought him in breach of this order and allowed the court to re-sentence him for this offence.

My Client was most concerned about being sentenced to jail for the above offences, which was a real possibility considering his criminal history and the nature of the police pursuit. Based on the evidence, we advised my client to plead guilty.

Upon sentencing, we made submissions to the Magistrate concerning my client’s background, his rehabilitative efforts, and why a custodial sentence that could be served in the community would be of the most benefit to both my client (the offender) and the community at large. Her Honour accepted our submissions and sentenced my client to a custodial sentence to be served in the community, otherwise known as an Intensive Corrections Order. This was a good result for my client who still has his freedom and is not subject to a sentence of full-time custody.

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.

During a night out with his family, my client became involved in an altercation with another group of men which resulted in multiple fights occurring and a phone being stolen during the fight. Most of the melee was caught on CCTV.

My Client was initially charged by Detective’s with Robbery in Company which carries a maximum penalty of 20 years imprisonment. My Client engaged our services to try and obtain the best result possible. We provided advice on the merits of the Crown case including advice on whether to plead guilty or not guilty and what other alternatives there were.

We negotiated with the prosecution concerning the evidentiary deficiencies of the Robbery in Company charge and persuaded the prosecution to downgrade the charges to affray which carries a maximum of 10 years imprisonment. Affray in a simplistic sense means using violence in a public place which could make someone who is present at the scene fear for their own safety.

Upon sentencing, we provided some context to the offending including the events leading up tot he incident which provided a rational explanation for the incident rather than the violence being portrayed as wanton violence. We made submissions to the Learned Magistrate concerning the rehabilitative efforts my client had made since the offending, and the remorse and contrition that he had demonstrated. The Learned Magistrate accepted our submissions and placed my client on a bond to be of good behaviour called a Community Corrections Order. A great result for my client who can now get on with his life without the possibility of a jail sentence hanging over his head.

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.

Undercover police were conducting patrols in Kings Cross looking for drug supply activity including the buying and selling of cocaine via the ‘dial a dealer’ modus operandi.

My Client was driving a car making a drug delivery. Undercover police witnessed the drug deal take place and proceeded to stop my client who was driving the car. Upon searching the car, cocaine was found along with an amount of cash.

My Client was subsequently charged with 4 counts of supplying cocaine including cocaine of an indictable amount and dealing with the proceeds of crime.

My Client was arrested, and had to face court. In this stressful situation, my client sought our help. We provided advice to her as to whether to plead guilty or not guilty and on what basis. My Client was greatly relieved when she could see that someone was looking after her interests. My Client pled guilty to the charges and we assisted her in preparing for sentencing.

Upon sentencing, we made submissions to Her Honour regarding the circumstances which led my client to sell cocaine in Sydney. Whilst no excuse for the criminal behaviour, it did provide some context around the offending. We made further submissions concerning the rehabilitative steps my client had taken since being arrested and why it was unlikely that my client would re-offend again. Her Honour was satisfied with our submissions and decided that jail for my client would not achieve the purposes of criminal sentencing. My Client was directed to serve her penalty in the community, and to undertake 200 hours of community service.

A great result for my client who can now continue her rehabilitative steps without having her liberty restricted.

My Client was on the Child Protection Register as a result of a previous offence against a child. As part of being on the Child Protection Register, my client had obligations to report certain changes in circumstances to police. A breach carries a maximum penalty of 5 years imprisonment if prosecuted on indictment. During a routine inspection by child protection Detectives, it was found that my client had failed to report a change in circumstances to police as required by being on the register.

My Client was arrested by Detectives and placed into custody. Upon advice, we advised my client to plead guilty. During sentencing, we made submissions concerning my client’s background and the disadvantaged upbringing which he had. We made submissions as to the seriousness of the offence and why there was a lack of malice associated with my client’s conduct. We also made submissions concerning the remorse and contrition that my client demonstrated after getting caught and why this should be considered by the Magistrate as a mitigating factor upon sentencing. His Honour was ultimately persuaded that a custodial sentence should not be imposed and my client was free to walk out of the courtroom. A great result for my client which allows him to get on with his life.

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.

My Client was accused of ‘up-skirting’, as the name would suggest, taking a photo of someone’s private parts up their skirt. The incident is alleged to have occurred at a bar and a report was made to police. My Client had previously been charged and found guilty for the same offence on 5 separate counts. Police Detective’s conducted a search warrant upon my client’s house and seized his mobile phone.

My Client was charged with intentionally recording intimate images without consent. This charge carries a maximum term of imprisonment of 3 years.

Upon consulting my client, and upon advice, my client was sent for a psychological assessment. A detailed psychological assessment was prepared which noted some significant findings, enough for my client to make a mental health application under section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW).

In court, submissions were provided to Her Honour stating that my client was not a suitable person for criminal penalties and that the community would be better served by having my client diverted via mental health legislation. Despite opposition from police, Her Honour was persuaded to dismiss the charge and divert my client via mental health legislation. This was a great result for my client who can now obtain professional psychological help, free of this criminal charge.

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.

My Client was shopping at a well known department store. She had taken in an instrument designed to remove security devices from products. My Client set about removing security devices from products, putting the products into her bag and walking out of the shop with them. She was duly noticed on CCTV and stopped by security guards who detained her and called the police.

When police arrived, my client was charged with armed with intent to commit indictable offence, goods in custody and larceny.

When my client engaged our services, she was concerned about the impact her actions could have on her future employment and travel prospects. Whilst analysing my client’s matter, we determined that there may be a possibility of dismissal under mental health legislation. We referred my client to a medical practitioner who specialises in medico-legal services.

Upon making the application to the Court to have the criminal charges dismissed under mental health legislation, the Magistrate was persuaded that this was the right course of action, and duly dismissed the charges under mental health legislation.

This left my client with no criminal record, free to pursue her career and travel plans (post COVID). 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 at a music festival and police observed him and were suspicious that he was conducting drug transactions. Plain clothes police approached my client and advised him that they intended to search him. When police tried to grab his backpack, my client struck a police officer in the mouth and ran. Other police quickly grabbed my client, and he was handcuffed and arrested. When police searched my client’s bag, a number of small bags containing cocaine and an amount of cash were found. My Client was subsequently charged with a string of offences including assault police, resist police, possess prohibited drug, supply prohibited drug, and dealing with the proceeds of crime. At a later date my client was released on bail and failed to turn up to court, resulting in a further charge of failure to appear.

Upon sentencing at Court, submissions were provided to the Magistrate concerning my clients antecedents, rehabilitative steps that he had taken since the offending, the remorse and contrition that he had demonstrated. We submitted to the Magistrate that imprisonment was not warranted in these circumstances, that alternatives within the criminal justice system existed and that His Honour should be minded to exercise his discretion in this manner. The Magistrate described our submissions as “on point” and decided not to impose any jail sentence. My Client was conditionally released subject to good behaviour for a period of 14 months. A great result for my client that allows him to get on with his life and maintain his freedom in the community.

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 intoxicated when he tried to enter the place he was staying in the city. People at the place he was staying refused him entry due to his intoxicated state. An altercation broke out and my client assaulted the people who wouldn’t let him in, spat on the front door of the building, and threatened retribution later.

Besides this event, my client had a previous finding of guilt for assault occasioning actual bodily harm in 2009 and 2010, as well as a finding of guilt for affray in 2015. At the time of the latest offence, he was also subject to a court ordered bond for a previous charge of mid range drink driving.

Given my client’s history, the imposition of a jail sentence was a real possibility. Upon sentencing, we made submissions providing some context around the offending and the rehabilitative steps my client had made, as well as what we thought was the best option for my client in the future. The Magistrate agreed with our submissions and placed my client on a further bond without a jail sentence. This was an excellent result for my client to assist him in his future rehabilitative efforts.

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.

On a night out in Bondi, my client was under the influence of drugs at a party and became involved in an altercation with another group of people from the party. During this altercation, my client kicked a glass door at the apartment complex and the glass door suffered damage. All this was caught on CCTV. Police arrived and my client was subsequently charged with destroy or damage property and behave in an offensive manner.

We referred my client to a psychologist for an evaluation and based on the psychologist’s report, we made an application to dismiss the charge under mental health provisions. We made submissions concerning the links between my client’s psychological ailments and the offending as well as how the public is best served by diverting my client away from the criminal justice system. His Honour accepted our submissions and dismissed the criminal charges that my client was facing under mental health provisions. A good result for my client who can now focus on his rehabilitation.

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.

At an end of season sporting trip, my client consumed alcohol at a bar with friends over a number of hours. Another group of men became involved in an altercation with my client’s group of friends. My Client intervened in the altercation and glassed a member of the other group.

After the event, my client left the bar. Police caught up with him where he and his friends were staying. The glassing victim was rushed to hospital and had suffered serious injuries. My Client previously worked as a bouncer and had a history of violence offences on his record. He was charged with reckless wounding.

At the first sentencing hearing, the Magistrate indicated that she was of the view that a full time custodial sentence was necessary. Due to this, our lawyer submitted that an assessment for home detention was warranted. The Magistrate agreed and a home detention assessment was ordered. At the second sentencing hearing, the Magistrate was persuaded that my client had shown a high level of remorse and contrition for his offending and noted the positive steps he had taken to rehabilitate himself since the offence. He was sentenced to an Intensive Correction’s Order with Home Detention of 9 months and 180 hours of community service. A good result for my client.

My Client was intoxicated after drinking with friends and decided to drive home. On the way he had a collision with a tree. Fortunately, he and no one else was hurt. Witnesses called the police and when they arrived, my client tested positive to High Range drink driving.

High range drink driving is one of most serious offences under the Road Traffic legislation and this offending was made worse by the fact that my client had had a car crash whilst intoxicated. The biggest concern for my client was the length of licence disqualification. We were able to successfully argue to the Magistrate that the minimum amount of disqualification allowed by law should apply to my client given his rehabilitative efforts, contrition, insight and remorse which he had demonstrated towards his offending. His Honour was satisfied with our submissions describing them as “helpful”. Upon entering into the interlock program, His Honour sentenced my client to community service, the minimum disqualification period of 3 months (after taking into account time already suspended), and no financial penalty, meaning no fine. This means my client can be back on the road in 3 months.

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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.

My Client had a dispute with another person which involved violence but the police would not apply for an AVO on their behalf. My Client approached us to apply for an AVO on their behalf. We did so and the other party did not agree with the AVO being ordered so it went to a contested Hearing at the Local Court. We appeared on behalf of my client and presented evidence in support of their application. Ultimately the Magistrate was convinced that my client had the requisite fear and that that fear was held on reasonable grounds. The Magistrate granted the AVO offering my client the legal protection that they were seeking.

‘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 the subject of an apprehended violence order application by police arising out of alleged domestic violence criminal charges. We advised my client to plead not guilty to the criminal charges and the charges were contested during a Summary Hearing. My Client was found not guilty and the AVO application was subsequently withdrawn by police.

A client was being asked by police to present himself at a police station to be arrested for firearms and drug cultivation charges. My Client was already the subject of an Intensive Corrections Order and a Community Corrections Order in relation to firearms offences. We negotiated with police to arrange a mutually agreeable time for my client to present himself. He was then placed before the court with 9 separate charges some of which are considered serious enough by the court to not grant bail unless a substantial reason can be shown (these are also known as ‘show cause’ offences). Despite Police opposing bail, His Honour was ultimately satisfied that the case law we quoted which allowed cause to be shown applied to my client. His Honour then granted bail.

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.

My Client was faced with a charge of a further breach of an AVO. He had previously breached the AVO and had previous charges for common assault and stalk/intimidate against his ex-partner. He was also currently the subject of an Intensive Corrections Order for the assault charges and a Community Corrections Order for High Range Drink Driving. Given that he was already the subject of an Intensive Corrections Order (which is a term of imprisonment to be served within the community), my client was very worried about being sent to jail to serve out the rest of his Intensive Corrections Order as a result of this new offence. Upon sentencing, we were able to convince the Magistrate that the current breach of AVO offence was at the lower end of the range of breach AVO offences and highlighted the steps my client had taken to address his drug addiction and alcoholism. In the end my client was sentenced to a Community Corrections Order and avoided serving jail time.

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Brian Walker of Clarence Chambers practices as a barrister at the NSW Bar. Sydney Walker Criminal Lawyers is not a group of solicitors.