Going to Court? Book Your Free First Appointment

No Conviction for Aggravated Break and Enter and Commit Serious Indictable Offence

CRIMINAL CASE

One of our Senior Lawyers obtained a section 10 (no conviction) for a highly-publicised ‘aggravated break, enter and steal’ case heard at the Downing Centre District Court.

After a night out with some friends, our client, a 19-year-old man, was hanging out outside a clothing store with three other friends.

He leant against the door to the store, which incidentally opened as staff had forgotten to engage the security locks on the door to the shop.

Our client, along with two co-accused, then entered the shop and stole a number of items of clothing valued at around $1000.

Members of the public observed them leaving the store and reported the incident to police, who located the group a short time later in an alleyway along with the stolen clothing.

Our client was charged with ‘aggravated break and enter and commit serious indictable offence,’ which carries a maximum penalty of 20 years imprisonment.

Statistics published by the Judicial Commission show that 65% of people charged with this offence in higher courts receive a sentence of imprisonment.

Undeterred by this, our senior lawyer worked tirelessly to obtain the best result for our client.

Following the break and enter, our client was held hostage in the Sydney siege late last year.

Understandably, this affected his mental health – however it also was a test of character for our client, who was commended for his ‘bravery and maturity’ during the ordeal.

Our senior lawyer was able to obtain a psychologist’s report to support our client’s case and prepared submissions which emphasised the appropriateness of a lenient penalty.

After lengthy verbal submissions on the sentencing date, the judge was ultimately persuaded to impose a ‘section 10 good behaviour bond’ despite the seriousness of the charge. This means that our client escapes a criminal record, which would have had a detrimental impact on his life and future.

The Judicial Commission statistics indicate that less than 1% of ‘aggravated break and enter and commit serious indictable offence’ cases dealt with in the higher courts over the past 7 years were finalised by way of a section 10 good behaviour bond.

What Our Clients Say SEE ALL

  • ★★★★★

    Made my whole experience a lot easier to deal with

    The best lawyers I've ever used! Karina Diec and Fahim Khan were truly amazing to…

  • ★★★★★

    Very articulate with giving the the correct advice

    Mr. Fahim Khan handled my case very professionally and with great expertise. He was always…

  • ★★★★★

    The Judge was impressed with the high quality material he helped present

    Fahim recently helped finalise a matter with the best outcome we could ever hoped for.…

  • ★★★★★

    Respect, dignity and determination

    Fahim, the name brings me memories of respect, dignity and determination. Absolutely relentless in his…

Going to Court? Call For Your Free First Appointment