Our client is a 37-year-old father of four from St Marys who works full time as a Taxi Driver. He was charged by police with domestic violence common assault and an AVO. Police state that our client was at home and under the influence of alcohol when he started to become ill and act recklessly threatening his wife. Police also allege that he physically grabbed her face and slapped her while she was on the telephone with police.
Our client immediately contacted our CDLA office and was immediately put through to our criminal lawyer Alex Istifan, who immediately started work.
Our client wanted it all over and done with as soon as possible to reduce stresses and costs. He instructed our lawyers to plead guilty to the assault and proceed to sentence, but to prepare so that we have a shot at getting a non-conviction result.
Our Alex worked closely and tirelessly on our client’s case to put him in the best possible position to avoid a criminal record for this.
Alex’s preparation served him well. He appeared on behalf of our client at the Penrith local court before the Magistrate to whom he handed up all prepared evidence and gave very persuasive and compelling submissions as to the circumstances and lead up to the assault. Amongst the points put across by Alex included remorse, insight, prospects of rehabilitation, good character, the Impact of a conviction on our client’s employment, early plea of guilty and his otherwise clean record.
Alex then closed his submissions asking the court to deal with the matter with a conditional release order without recording a conviction and placing our client instead on a good behaviour bond.
In the result, the Magistrate in court agreed. Our client was not convicted. He was ultimately sentenced without a conviction. Our client was able to move on in life without the mark of a criminal record against his name.