When you are charged with a criminal offence, you can be placed in jail pending the outcome of your criminal matter. Dependent on how your criminal charge progresses, this can sometimes mean that you are in jail for years until your criminal matter concludes.

Bail is being released form jail prior to your criminal matter concluding.

My client was charged as a co-offender in a joint criminal enterprise resulting in the assault of a female which left the victim naked.

My client was sentenced to a term of full time custody as a result of his part in the assault. Following legal advice, my client lodged a severity appeal and was released on appeals bail following a successful release application at Central Local Court.

On appeal in the Downing Centre District Court, submissions were made concerning legal technical aspects relating to the culpability of an offender in a joint criminal enterprise. Further submissions were made concerning my client’s history, and his rehabilitative efforts since the offence.

Despite my client having a lengthy criminal history, His Honour was persuaded that my client’s penalty should be served in the community rather than in full-time custody.

This was a great result for my client who was originally sentenced to 12 months imprisonment but was now able to serve his sentence within the community.

During the holiday period, my client was at a Christmas party when an argument ensued between my client and another person at the party who was a female. My client broke a glass which ricocheted onto the woman’s face. Police became involved and the victim told police that my client punched her in the face. My client was arrested, charged and released on bail.

My client was concerned about how an assault on a female and a criminal record would effect his future work prospects and potential visa applications. After seeking advice, my client plead guilty. During sentencing, discussions occurred with His Honour regarding the rehabilitative efforts that my client had undertaken and continued to undertake amongst other things. Despite the prosecution pressing for a conviction, His Honour was satisfied that the purposes of sentencing could be satisfied in my client’s case without the imposition of a conviction/criminal record.

This was a great result for my client who can now maintain his crime free record and pursue his career and travel ambitions without a criminal record.

My client was charged with 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.

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 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 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 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.


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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.