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Our client is a 45 year old woman from Ryde with no criminal record.

For years, she has been having difficulties with her teenage son in relation to his lifestyle choices, including drug use. Our client’s mother was never supportive of her, and instead aided our client’s son in his activities.

She spent years trying to help her son get better, despite the almost regular physical altercations while he was under the influence.

One day, our client gave her son an ultimatum that he clean up his life or leave her home. He then chose to move into our client’s mothers home.

At her son’s request, our client attended her mother’s home to drop off his personal belongings.

Whilst there, an argument erupted between the two. Our client grabbed photos from the residence that were of herself and her son to take home.

The police alleged that a physical struggle ensued between them, and in the heat of the moment, our client ripped the photographs into pieces. As a result, she was physically pushed out of the house and locked out. In response, she picked up a plant and threw it before leaving.

Our client contacted the police immediately who later came to her home. Whilst at her home taking a statement as a victim, police officers from another area command attended the home after speaking with our client’s son and mother. These police officers decided to charge our client given that there were 2 versions against 1.

She was charged with 2 offences of Destroy Damage Property (the photographs and the plant), and 2 offences of Common Assault (allegedly against both her son and her mother) – all domestic violence related.

Our client was distressed by the ordeal and immediately contact our Criminal Defence Lawyers Australia. She met with our Managing Lawyer Tayla Regan who immediately began discussing and preparing her defence case.

The brief of evidence was served, and it was our advice that the assault charges would be difficult for police to prove beyond reasonable doubt. In terms of the damage to the property, this was a stronger case against her.

Our client pleaded Not Guilty to all charges.

On the morning of Hearing, our Managing Lawyer commenced extensive negotiations with the police prosecutor in court.

The weaknesses of the case were pointed out to the prosecution.

Prior to the Hearing even commencing, our Ms Regan was able to persuade the police and prosecution to drop all assault charges relating to her son and her mother. A Plea of Guilty was then entered to the Property Damage charges on a reduced set of facts that were more favourable to our client.

The matter proceeded to sentence where compelling submissions were made on our client’s behalf to the Magistrate.

The court agreed to not impose a criminal record against our client despite her plea of guilty given the evidence produced by our defence team and submissions put forward in support.

Accordingly, the Magistrate sentenced our client without a criminal conviction by way of a conditional release order for 12 months requiring her to be of good behaviour for that period of time.

The AVO was finalised also for a 12-month period after her son’s name was removed from it as a “person in need of protection”.

This was an exceptional result in circumstances where our client originally faced 4 domestic violence charges involving 2 victims. Our client is able to move on with her life without the worry of a criminal conviction.

Published on 27/03/2020

AUTHOR Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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