Results for Clients

 

 

 

 

 

 

 

 

 

We pride ourselves on achieving good results for our clients. Below are just a few of our results from matters we have appeared in recently.

 

Supreme Court Bail application – Granted Bail

28 February 2018, Supreme Court of NSW

Our client was refused bail in the Local Court, relating to a set of alleged break and enters. These break and enter matters were alleged to have been committed whilst on two sets of bail for numerous similar charges that were laid one month beforehand. Accordingly, the  matter was a ‘show cause’ bail application. Despite the prosecutions submission that cause was not shown, and the submission that there were unacceptable risks of committing further serious offences, leaving the jurisdiction and endangering others, our submissions to the contrary were accepted, and our client was granted bail. (Solicitor: James Lang)

 

Cause grievous bodily harm with intent – Not Guilty

27 February 2018, District Court of NSW

Our client was charged with causing grievous bodily harm (GBH) to another. The defence case was successful in establishing that the accused had acted in self-defence. The accused was a person who had been physically intimidated and called racial slurs by the victim on previous occasions. The jury acquitted our client the same day that they were entitled to commence their deliberations. (Solicitor: Jordan Moussa)

 

Armed robbery – Discharged at Committal

23 February 2018, Central Local Court

The accused was charged with an armed robbery from 2010. The principal evidence against the accused was CCTV evidence of a man robbing a convenience store with a knife, the evidence of the shop owner, and DNA evidence taken from the cash register where an offender had taken money. The accused’s DNA was located on the register, along with the DNA of three other persons.

The prosecution had not excluded the possibility of secondary or tertiary transfer of DNA, and on the circumstantial case that they had presented, it was insufficient evidence for a jury to ever convict upon. Accordingly, our application was granted in the Local Court for the matter to be discharged without being committed for trial to the District Court. (Solicitor: Abigail Bannister)

 

Reckless wounding – Not Guilty

30 January 2018, Penrith Local Court

Our client was involved in a domestic dispute, in which she was physically assaulted by her husband who had been drinking and was demanding money. Following this altercation she had produced a knife and the husband ultimately sustained a wound to his arm. The matter was defended at hearing and the client was found not guilty. (Solicitor: Abigail Bannister).

 

Accessory before the fact to murder (News Link) – Not Guilty

21 December 2017, Supreme Court of NSW

This was a re-trial of an initial four-month trial, and a subsequent appeal to the Court of Criminal Appeal. Following the first four-month trial which did not conclude, and a brief appeal to the Court of Criminal Appeal, the matter returned back into the Supreme Court in 2017. On our successful application it was heard before a judge alone, rather than a jury.

It was alleged in the prosecution case that our client was involved in a “set up” of a former partner, in concert with another former partner of the deceased, which resulted in him being killed by a gunman. There was extensive evidence tendered throughout the course of the trial, and many witnesses. We briefed a telecommunications expert in relation to telephone data material that was said to be central to the prosecution’s case against our client.

After approximately two months of pre-trial and trial sittings, judgment was reserved. On 21 December 2017, our client was found not guilty of accessory before the fact to murder. (Solicitors: Abigail Bannister & James Lang).

 

Sexual assault, indecent assault – Not Guilty

17 October 2017, District Court of NSW

Our client was found not guilty by a jury at trial of sexual assault and indecent assault. (Solicitor: Abigail Bannister)

Police pursuit, drive recklessly etc. – Not Guilty

1 November 2017, Wollongong Local Court

Our client was charged with a police pursuit and a number of other serious driving offences as a result of a police pursuit which occurred in the Wollongong area. The accused was located in the driver’s seat of the vehicle by police when they reached the door of the vehicle once it had stopped. However, through cross-examination of the police officers involved in the pursuit, reasonable doubt was created as to the possibility of another driver having been driving at the time of the pursuit, who on the defence case had left the vehicle, our client having then jumped into the front seat after that. Through cross-examination, reasonable doubt was established as to the identification of the actual driver at the time, and the accused was found not guilty, likely avoiding a gaol sentence. (Solicitor: James Lang).

 

Stalk/Intimidate and AVO – Not Guilty, and AVO withdrawn

10 May 2017, Downing Centre Local Court

Our client was referred to us a pro bono (free of charge) client from the Aboriginal Legal Service (ALS). Our client’s former male partner and new girlfriend made allegations against our client that she had stalked/intimidated both of them. These are serious criminal allegations. However, under cross-examination in a three-day hearing it was revealed that the allegations were not substantiated and were likely to have been fabricated in an attempt to unfairly damage the reputation and prospects of our client. The Magistrate found that our client was not guilty and that there was no basis for any AVO to be ordered against her. (Solicitor: Abigail Bannister).

 

Supply prohibited drug – Withdrawn & Dismissed

12 April 2017, District Court of NSW

Exceptional legal argument was raised by counsel in this trial relating to the impropriety of the actions of certain members of police in the investigation and evidence gathering of this case. The extent of that impropriety was such that the presiding Judge deemed that the evidence in question – which was fundamentally critical to the prosecution case – was inadmissible. Having made that ruling there was no prosecution case which could be advanced against our client and the charge was withdrawn. 

 

Murder – Not Guilty

17 February 2017, Supreme Court of NSW

The accused was found not guilty for murder after a jury trial in the Supreme Court. Complex issues were involved in successfully running this matter to an acquittal. Our team worked hard to defend the accused – from the start of the matter until its resolution – which included gathering expert evidence including a pathologist, psychiatrist and toxicologist in support of the defence case. The jury returned a verdict of not guilty. 

 

Manslaughter – Conviction Quashed on Appeal

2 December 2016, Court of Criminal Appeal

This client was initially charged with murder and convicted of manslaughter in a jury trial in the Supreme Court. We filed an appeal to the Court of Criminal Appeal on behalf of this client and argued that the conviction could not be upheld. The Court agreed with our submissions as to why the conviction was improper and quashed the manslaughter conviction. We also successfully argued that the Court should restrain any future re-trial of this matter to manslaughter and not be able to try this accused for murder, despite originally trying this accused for murder.

U

se mobile phone while driving – Not Guilty

24 August 2016, Downing Centre Local Court

Our client was charged with using a mobile phone while driving. We took this matter to hearing and successfully defended the charge. It was alleged by police that some function of the phone was in use while the car was being driven by our client. At hearing, the court agreed with our submissions that this could not be proved beyond reasonable doubt. This meant that no traffic infringement was recorded, no fine was issued to our client and no points or license were lost .

 

Murder – Not Guilty, Bail Granted (News Article)

3 August 2016, Supreme Court Sydney:

Client charged with murder in relation to the shooting homicide of a Crown witness due to give evidence in a prosecution for a large cocaine trafficking syndicate. Although murder is a ‘show cause’ offence, we put forward a strident bail application to which the court ultimately agreed to release our client on bail, despite the murder charge. Our client was alleged to have facilitated the murder by supplying a gun to the shooter. After a two-month trial in the Supreme Court the jury returned a verdict of not guilty for our client. Our client and his family were very satisfied with this result (Solicitor: Abigail Bannister)

 

Import Commercial Quantity of Cocaine: Severity Appeal Allowed (Judgment)

15 July 2016, Court of Criminal Appeal

This client was convicted in the District Court for importing a commercial quantity of a border controlled drug (cocaine) and attempt to possess a border controlled drug (cocaine). The sentence imposed in the District Court was a non-parole period of 18 years with a total sentence of 26 years and 6 months imprisonment. We appealed this sentence to the Court of Criminal Appeal and sucessfully reduced the total sentence by 5 years and 6 months, reducing the non-parole period by 3 years and 6 months (Solicitor: Abigail Bannister)

 

Drive while disqualified – Not Guilty

22 June 2016, Bankstown Local Court

This client was charged with driving whilst disqualified. This charge was defended and the client was found not guilty on that charge. Further argument was put forward in relation to a prior offence which was not before the court, that that former conviction be annulled. This argument was successful. Not only was the client found not guilty for his current matter, but a previous conviction and 11 year license suspension was annulled.

 

Sexual Assault -Not Guilty

11 March 2016, Parramatta District Court

Client was alleged to have sexually assaulted a person in a bathroom at a Western Sydney licensed venue. The matter proceeded in a two week trial before a jury which returned a verdict of not guilty

Take/detain in company causing actual bodily harm – Not Guilty

 

March 2016, Parramatta District Court

Not guilty after a jury trial

 

Supply prohibited drug – Not Guilty

March 2016, Sydney District Court

“I would like to thank you for all your help and guidance you gave me during a crucial time in my life. I feel honoured to have had someone so dedicated to my case who would offer sincere advice. Thank you again for all your support and dedication” – SM, 23 July 2016. Found not guilty by a jury on drug supply charges, in relation to drugs found in the accused’s car and home.

 

Fire firearm in a public place, possess prohibited firearm – Bail Granted and Not Guilty

11 September 2015, Sydney District Court

This client was alleged to have fired a weapon in a shooting that took place in Greenacre. After a 3 week trial in the Parramatta District Court, a jury returned a not guilty verdict on all counts. The cross examination of police officers involved in the matter revealed significant deficiencies in evidence gathering and investigative procedure. There was also significant questions raised on behalf of our client about the reliability of the evidence of witnesses who had given evidence identifying our client. Ultimately, these arguments as presented before the jury contributed to the client being found not guilty on all counts.