Section 10 for plea of guilty to causing $1500 damages to BMW car
Our client was so drunk he didn’t remember violently kicking the left hand side of a new black BMW in Surry Hills. He kicked the front passenger side, stumbled back and proceeded to kick the door and revision mirror numerous times until it broke. He then told a witness to this that it was his own car. Shortly after, the real owner of the car attended and made a citizens arrest on our client until police arrived and arrested him.
Our client was charged with section 195(1)(a) Crimes Act 1900 (NSW) of intentionally or recklessly destroying or damaging property. The value of the damages caused was $1,500.
The maximum punishment for this offence is up to 5 years imprisonment.
Our specialist defence lawyers convinced the Magistrate at the Downing Centre Local Court to not record a criminal record. The Court agreed to place our client under a 12 month good behaviour bond under section 10(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW).
The Magistrate was convinced to order a section 10 after hearing thoughtfully prepared and compelling submissions by one of our specialist criminal lawyers on 3 main factors:
- As part of his job he contracted out to government agencies who required he undergo background checks before proceeding. He was also given an opportunity to take a share in the company, something he would be precluded from doing if the CFO discovered he has a conviction.
- The psychologist report arranged by our specialist defence team expressed an explanation for his behaviour, namely, he was suffering an adjustment disorder with anxiety and depression at the time of the offence caused by the unresolved grief of the decease of his best friend.
- The unresolved grief, and the breakdown of his relationship with his partner accumulated to this one moment. He immediately saw a psychologist the very next day to address his underlying issues, and this showed prospects of rehabilitation.
A carefully chosen specialist psychologist was picked for a report addressing specific issues, a number of well drafted character references were prepared, and the $1500 was paid to the victim, finally convincing the court to extend leniency to our client.
Our client was overwhelmed with relief that he can now continue living a conviction free life without the burdens that carry a criminal record of travelling overseas and furthering in his career.