No Conviction for Drive Whilst Disqualified and State False Name
Our client is a 22-year-old law and psychology student from Bella Vista. He was driving home from the gym when stopped by police for a random breath test. At the time, he was already disqualified due to a previous major traffic offence.
Police asked him to produce his driver licence. Our client said he left it at home because he was just going to the gym.
Police then asked him to provide his name and date of birth, and our client provided false details which did not match any person on the police system.
He was then charged with ‘driving whilst disqualified
’ and ‘driver or rider state false name or home address.’ He pleaded guilty to both charges.
Our lawyers assisted him to obtain various documents in preparation for his sentencing proceedings.
We made lengthy submissions in court primarily focusing on the potential effect of a criminal conviction on his intended future career in law.
Despite the fact that our client already had a major traffic offence on his record, we persuaded the Magistrate in Parramatta Local Court
to deal with both charges by way of section 10 bonds – which means he has no further criminal record.
No Conviction or Disqualification for High Range Drink Driving
The Magistrate in Parramatta Local Court awarded our 32 year old client a 'section 10' for high range p.c.a. which means that he avoids a criminal conviction and gets his licence back.
Our client works as an Information Technology expert in a large Sydney-based company.
He lives with his wife and young daughter in Westmead.
The family attended an event in Parramatta where our client drank a number of alcoholic drinks throughout the course of the evening.
He stopped drinking between 10.30pm and 11pm, and only drank water after that.
He 'felt fine', although 'a little tired', and commenced driving home shortly after midnight.
He was pulled over for a roadside random breath test just before 12.20am.
He blew a positive reading, and was arrested and taken to the police station where he registered a reading of 0.170.
He was then charged with high range drink driving
He saw a number of lawyers before seeing us.
He informed us that his job requires him to drive between various branches of his company at short notice to perform IT maintenance duties, and that his position may be reviewed if he has any criminal convictions.
We asked whether his employment contract might confirm this.
He produced the relevant parts of his contract which indeed confirmed both of those matters.
We advised him to undertake a Traffic Offender Program
, to gather character references (including one from a work colleague) and to prepare a 'letter of apology' to the court describing his remorse and the impact that a conviction would have on his career and family.
We also referred him to see a counsellor.
We provided him and his 'referees' with detailed advice about how to prepare references.
We obtained a positive letter from the counsellor.
In court, it took a great deal of effort to finally convince the Magistrate to award our client a 'section 10', and to therefore allow him to keep his licence and avoid a conviction.
He was extremely satisfied with the result because he had previously been advised that it would be impossible to achieve a section 10 in his situation.
Client Escapes Criminal Record after Making Serious Threats to Work Cover
Our client is a 53 year old man who suffered a serious work accident in 2008, during which he sustained a range of serious injuries.
He has been dealing with Work Cover ever since that accident.
Frustrated by the perceived attitude of that agency, he made a series of telephone threats to Work Cover employees shortly after the Lindt Café Siege - the most serious of which was “I’ll go get a gun and come down to your office and make Martin Place look like a joke”.
Needless to say, those threats were taken very seriously by Work Cover employees and by police, who arrested and charged him with ‘use carriage service to menace / harass / offend’
under section 474.17 of the Commonwealth Criminal Code Act.
Despite the seriousness of the charge, our lawyers persuaded the Magistrate in Parramatta Local Court
to deal with our client under section 19B of the Commonwealth Crimes Act, which means that he escapes a criminal record altogether.
Client Avoids Conviction After Assaulting Bus Driver
Our client was charged with 'Assault Occasioning Actual Bodily Harm'
after wrestling a bus driver to the ground and then striking him to the stomach, legs and arms causing bruising and abrasions.
The incident occurred way back on 8th October 2013 when our client took offence to a bus driver parking opposite his house.
He approached and entered the bus and then wrestled the driver out onto the footpath.
The incident was captured on CCTV footage and witnessed by members of the public, who gave statements to police.
After charges were pressed, our client approached another criminal law firm who advised him that he may have a legal defence - which was manifestly incorrect.
Sadly, our client was charged thousands of dollars during the course of the proceedings, and then told on the day before the hearing that his lawyer was busy elsewhere and could not attend.
He called us at 8.45am on the morning of the hearing, and our team did everything we could to ensure he was looked after.
After reviewing the materials and footage, and obtaining our client's instructions, it became abundantly clear that he did not have a valid legal defence (our client had already suspected that this was the case).
We ensured that an experienced lawyer attended Parramatta Local Court that morning, and did what should have been done a year earlier - successfully persuading the prosecutor to downgrade the charge of 'Assault Occasioning Actual Bodily Harm' to the less-serious charge of 'Common Assault
' and amending the police 'facts' so that the case was much less serious.
Our client then entered a plea of guilty to the lesser charge, and the Magistrate was persuaded to grant him a 'section 10'. This means that he avoids a criminal conviction altogether - which is what he wanted from the start.
No Conviction for Serious Assault
The Magistrate in Parramatta Local Court was persuaded to not record a criminal conviction against our 50 year old client from Mount Druitt who was initially charged with 'Attempt to Choke' and Assault Occasioning Actual Bodily Harm.
'Attempt to Choke' charges are considered to be very serious and carry a maximum penalty of 25 years imprisonment.
The charges arose from a domestic incident when our client became enraged after finding his 16 year old daughter in bed with a male at the family home.
The daughter alleged that her father kicked and punched her several times to the legs, rib cage and face causing bruises, redness and swelling.
She further alleged that her father then attempted to choke her to the point where she almost passed-out.
The boyfriend begged to leave and ran out of the home.
Police were called and took photos of injuries to the daughter's body, face and neck.
Despite the photos and eye-witness evidence from the boyfriend, our Defence Team managed to have both charges withdrawn on the basis that our client pleaded guilty to the much less serious charge of 'Common Assault'.
This meant that the case stayed in the Local Court rather than going up to the District Court.
The Magistrate was then persuaded to grant a 'section 10' which means that our client avoids a criminal conviction altogether.