Criminal and Traffic Lawyers for Manly Local Court

Our client is a 24-year old overseas student. Police alleged that he and 7 others were involved in Supplying a Commercial Quantity of a Prohibited Drug and Participating in a Joint Criminal Enterprise. The suspects were alleged to have communicated through coded messages on their mobile telephones. All were charged and brought before Manly Local Court. For the purposes of bail, the offences are ‘show cause’ offences, which means the defence bears the onus of establishing the defendant does not pose an ‘unacceptable risk’ to the community, and that imprisonment would therefore be unjustified. The prosecution strenuously opposed bail for all 7 defendants on the basis of the alleged strength of the prosecution case and likelihood of a full-time custodial sentence in the event of a conviction. Each of the defendants had similar evidence against them and were alleged to be at similar levels in the hierarchy of the enterprise. However, our client (and two others) were at a significant disadvantage because they were from overseas and had limited links to the local community – which makes it more difficult to achieve bail. Our defence team got to work and quickly prepared material addressing a number of the bail concerns, including the risk of flight. We took detailed instructions with a view to disputing the prosecution’s submissions regarding the strength of the prosecution case. By the time we were ready to run our client’s bail application, all 7 co-accused had been refused bail. We presented material and made detailed verbal submissions regarding the law. The submissions included reference to the pivotal NSW Supreme Court cases of R v Melmeth [2015] and the NSW Court of Criminal Appeal case of DPP v Mawad [2015], which made a number of findings in respect of the meaning of ‘show cause’, including the applicable test. Among other things, the cases establish that ‘exceptional circumstances’ do not necessarily need to be shown to overcome the ‘show cause’ hurdle – which is a common but incorrect assumption amongst practitioners. Rather, a combination of factors including proposed bail conditions can meet the test, and alleviate any bail concerns. The presiding magistrate was convinced and saw fit to grant bail on strict conditions, including daily reporting, surrender or passport and non-association with co-accused and witnesses in the case. The outcome demonstrates that with the right knowledge, meticulous preparation and persuasive presentation, bail can be achieved in ‘show cause’ cases regardless of the seriousness of the allegations and the findings against co-accused. The merits of each case must be assessed independently, and it is important to engage specialist criminal defence lawyers who are knowledgeable, thorough and persuasive.

Our client is a 46 year old Sales Executive living in Frenchs Forest, Sydney. He was pulled over for a random breath test just after 9pm on a Friday night on Blackbutts Road, Frenchs Forest where he registered a blood alcohol reading of 0.100. He told police that he had been drinking red wine at his home from 6pm to 9pm and was on his way to a friend's place. He was then charged with 'mid-range drink driving'. There was nothing particularly remarkable about the facts of the case. Our legal team ensured that he took the right steps in the lead-up to the court date; by helping him with his apology letter and character references, and referring him to counselling. The matter came before Manly Local Court where two defendants who registered very similar readings (0.09 and 0.115) both received criminal convictions and licence disqualifications because, as the Magistrate put it, "the reading is too high". This was despite it being their first drink driving offence and both having a strong need for a driver licence. Our client's case then came before the very same Magistrate, who was ultimately persuaded to allow our client to keep his licence and avoid a criminal conviction despite the reading. It is an example of how careful preparation and persuasive presentation in court can make all the difference when it comes to the result in drink driving cases.

The Magistrate in Manly Local Court has allowed our 48 year old client from Fairfield to avoid a conviction and a licence disqualification despite driving whilst suspended twice and also running a red light. Our client has a lengthy traffic record including: speeding by more than 45km/h three times, speeding by more than 30km/h twice, negligent driving, not give particulars after crash and several others. He also has criminal convictions. He was on a demerit point suspension when he drove his car towards his workplace at Cromer. Police observed him drive through a red light, pulled him over and advised him that his licence was suspended. He admitted knowing that he was suspended and that he ran the red light. He was then charged with 'Driving Whilst Suspended' and the red light offence. Despite this, he drove again a short time later and was again pulled over and charged with a second count of Driving Whilst Suspended. This meant that he was facing a 3 year licence disqualification and hefty fines, which would have caused him to lose his job as a machine operator and delivery driver. However, our defence team assisted him to prepare his case thoroughly and presented it strongly in court. The Magistrate was ultimately persuaded to grant him 'Section 10s' for all of the offences - which means that he avoids a further criminal record, avoids a licence disqualification and also avoids fines. He now has his licence back and can keep working and looking after his family.

Sydney Criminal Lawyers® convinced police to withdraw charges of 'armed with intent to commit indictable offence' and 'assault occasioning actual bodily harm' after submitting detailed written submissions on the weakness of the police case and pushing for withdrawal.

The case involved our 44 year old client allegedly making death threats against her partner then slashing him with a 30cm kitchen knife.

All charges and the associated Apprehended Violence Order ('AVO') were withdrawn and dismissed in Manly Local Court.