Our Client, Avoids Full-Time Jail on Severity Appeal For a Serious Wounding Offence, Even After She Was Found Guilty in Court

In early 2019, she found herself facing a criminal charge of ‘Reckless Wounding’ when it was alleged that she had thrown a plastic cup towards a female at a pub causing the other woman with significant injury. The victim required to undergo 16 stitches on her lip as a result.

Our client was charged, as was her boyfriend at the time.

After defending the charge in the Local Court with a different law firm, she was found guilty and sentenced to full time jail of 18-months with a 9-month non-parole period.

Unhappy with the previous lawyers, she went searching for a law firm that specialises in criminal law at an affordable price with a dedicated experienced criminal lawyer to fight for her.

After searching, she found Criminal Defence Lawyers Australia.

She spoke to our team of criminal lawyers where our managing lawyer Tayla Regan provided her with advice and guidance during her consultation with us.

Following this, Tayla determined that with solid preparation and compelling submissions in court, we could turn the sentence around to avoid full-time jail so that she can remain in the community to pursue her musical career.

Our team immediately filed a severity appeal for the hearing to be heard in the Sydney District Court.

In preparing for her case, Tayla Regan left no stone un-turned and produced a significant amount of new evidence for the severity appeal that was not available for the below court. This includes psychologist report, good character letters, affidavits.

With a term of imprisonment hanging over our clients head, our Tayla meticulously prepared a Defence bundle of materials to rely upon in the severity appeal sentence.

The bundle included an apology letter and numerous letters from loved ones and friends who she has helped over the years through community based events held by herself. Letters relating to psychological intervention and anger management courses were also handed up along with an article displaying the online abuse received over the years.

On the day of court, detailed submissions were made on behalf of our client to the presiding Judge. After urging the District Court Judge to consider our clients good character, unlikeliness to reoffend, remorse and great prospects of rehabilitation.

Given the seriousness of the injuries sustained by the victim, the court had to conduct a balancing act when determining what penalty ought to be imposed.

Ultimately, the Judge agreed with our Defence bundle and strong submissions.

As a result, the appeal was allowed.

We were ultimately successful in convincing the Judge to not send her to jail.

She was given an opportunity to pursue her musical career and received an Intensive Corrections Order for 18 months with community service as her sentence, even after a guilty verdict was found against her in the below court.

After a stressful period of time awaiting her fate, our client was able to walk out of the court room and continue her successful career in music. This was the best possible outcome for her.