Another Great Result At National Criminal Lawyers®

, Another Great Result At National Criminal Lawyers®

Another Great Result At National Criminal Lawyers®

FROM ARREST TO THE LOCAL COURT

The general process of being charged by Police can be a daunting and scary time for any person. National Criminal Lawyers® takes the time to comfort you when emotions are running high during this difficult period. Our office recently achieved a result second to none for our client who plead guilty to following offences:

Sequence 1. Supply prohibited drug pursuant to section 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW);

Sequence 2. Supply prohibited drug pursuant to section 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW);

Sequence 3. Deal with proceeds of crimes pursuant to section 193C(2) of the Crimes Act 1900 (NSW);

Sequence 4. Possession of prohibited weapons pursuant to section 7(1) of the Weapons Prohibited Act 1998 (NSW); and

Sequence 5 Possession of a prohibited drug pursuant to section 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW)

BACKGROUND/FACTS

Our client was unfortunately going through some hardship with his current circumstances and had previously been a victim to a troubled family history. This had eventually led to some regrettable actions on his behalf which inevitably led to the charges mentioned above. The accused had also made admissions to the Police while being questioned during the event. In other words, the client waived their right to silence. To understand your rights contact us for a free consultation.

The accused was arrested and conveyed to the police station for further questioning. Our client’s rights were read pursuant to Part 9 of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) or otherwise referred to as (LEPRA) and did participate by way of an electronically recorded interview.

During their preliminary enquiries, police had seized both drugs, money, and a prohibited weapon. The accused was then served a Court Attendance Notice (CAN) which gives details of the alleged offence, the location of the Court and date required to attend.

THE PROCESS OF BEING CHARGED WITH MULTIPLE OFFENCES

The first day of Court in any criminal proceedings is referred to as a mention. The majority of matters are first heard in the NSW Local Court. In this part, the Court will ask whether you are pleading guilty or not guilty. If you decide to plead guilty, the magistrate would either deal with the matter on the spot or alternatively, adjourn it for another day. When you are sentenced, the prosecution will be provided with a copy of the facts relating to the offence.

On the other hand, if you enter a plea of not guilty, then the Court will set the matter down for hearing where witnesses from both parties are called to give evidence.

THE WORK OUR TEAM PUT IN

Before the client instructed National Criminal Lawyers®, they had asked the Court on first mention day to adjourn the matter for the purpose of obtaining legal advice. The client then contacted us to see what could be done for these charges. After reviewing the brief of evidence our team discovered a number of issues.

The first issues we discovered was the police had attempted to charge the accused with two supply charges and possession of drugs. The reason why the prosecution had used this tactic was for what is referred to as a back up charge. In other words, if they are unsuccessful in proceeding with their main charge, the prosecution has the possession charge to fall back on. The issue with this is goes against the ‘rule of duplicity’ which prohibits the alleging two or more offences in a single charge. As a result, National Criminal Lawyers® put pressure on the prosecution and had the additional charge dropped.

We then sought further instructions from our client and compared this with the proposed facts alleged by the police. Our team had contacted the prosecution and sent through correspondence stating that the facts are not accurate. There were multiple inadmissible statements and to some degree, false allegations made against our client. We were able to amend the current facts which were quite aggravating to our client. This was accepted by the prosecution and placed our client in a better position when determining sentence.

THE RESULT

An offence of supplying a prohibited drug, not related to cannabis/leaf, carries a maximum penalty of 2,000 penalty units and/or 15 years imprisonment. The Act prohibits the cultivation, manufacture, supply, possession and use of certain drugs. The offences were one of a serious nature and could have been sentenced by way of Intensive Correction Order, Home Detention, or even Full time Imprisonment.

The dedication and work put in by our team resulted in an amazing result and was ordered a ‘Correctional Release Order’ without conviction for 24 months. This meaning that even though he was found guilty, there is no criminal conviction recorded so will not affect his career progression and have no official criminal record. To find out more, click here.

WHAT TO DO IF YOU HAVE BEEN CHARGED WITH ANY OFFENCES?

Contact our office immediately! We are specialists who prepare your case thoroughly, negotiate with the police to have the charge dropped and proceed to a defendant hearing to ensure justice is done. National Criminal Lawyers® will make submissions tailored to your case to persuade the Court on the given day why your charge should be dismissed.

National Criminal Lawyers will guide you from start to finish in your criminal matter.

Our Sydney Criminal Lawyers offer nothing short of excellent results in relation to these matters. With over 80% of defended hearings won and 94% no conviction record, our services are second to none. If you or someone you know has been charged with a criminal offence, pick up the phone and contact our office now.

 

Book your first free appointment with National Criminal lawyers now.
CONTACT US! 02 9893 1889

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