Our 51 year old client works as a specialist consultant doctor for a major hospital in Sydney.
Our client was riding his motorcycle to work one morning when he came across another motorist who he had a verbal argument with over a trivial dispute on the road.
during the verbal altercation, our client became frustrated and punched and damaged the other motorist’s side car mirror- out of rage.
Our client then drove off to work, but later contacted by police to attend the police station. He was then charged with damaging property under section 195(1)(a) of the Crimes Act 1900 (NSW), which carries a maximum penalty of up to 5 years imprisonment.
Our client sought advice from out team of criminal lawyers who guided him at every stage of the case.
Our client who was a consultant doctor for over 18 years had helped countless people in addition to having volunteered in charity organisations over the years. He was known as a public figure in the medical profession having appeared on TV and documentaries. He had a wife and daughter who were all dependent on his income.
Understandably, our client’s worst fear was the possibility of being dismissed from his job and losing opportunities to progress further in his career, in his area of specialty, if he was to receive a criminal conviction for this offence.
With the guidance from our team, including senior lawyer, Fahim Khan, a plea of guilty was entered in the Parramatta Local Court before the Magistrate.
Significant subjective material was handed up to the Magistrate by Mr. Khan in support of developing a compelling case to convince the Magistrate to impose a section 10 non-conviction to our client.
The subjective material that was given to the Magistrate in court was all obtained in the preparation phase of the case. This included, a compelling psychologist report which had diagnosed our client with suffering PTSD, apology letter, good character reference letters, and letters from his employment expressing his role, extent of impact a conviction will likely have on his career and his excellent work ethic in support for the community.
In the result, the Magistrate agreed to not impose a criminal conviction on our client for the offence due to the subjective material that was produced. The Magistrate also commented that he should be given a second chance because of his family dependents, and that the community would be at a loss if he were to stop practicing as a doctor. The Magistrate also took into account his early plea of guilty as a reflection of his genuine remorse and contrition for his behaviour.
Our client was very pleased and was able to carry on with his life and profession without the hurdles of a conviction against his name.