Another week of wonders

Another week of wonders

Another week of wonders!

This week in February 2023 we received many incredible outcomes for our clients.

Our client was charged with nine (9) sequences, including assault police, resist arrest, travel without a valid ticket, possess prohibited drug(s), etc.

After the charges were laid, an initial consultation was had between our client and our RPR5 team. A comprehensive assessment was made with respects to the charges and the brief. We then proposed to make representations to the NSW Police. Our team prepared comprehensive representations covering both case law, legislation, and legal principles.

Our team also took initiative to prepare for a defended hearing if the representation (for whatever reason) did not succeed. Since RPR5 had experience in dealing with similar matters, our team had knowledge of what issues the Court would look at. We meticulously prepared the case and had it completed within three weeks. After preparing for a defended hearing, follow ups were made to the NSW Police with respects to the outcome of the representations. Our Principal Daniel Wilson also made notice that cost orders were to be made if the negotiations failed and the defended hearing successful.

About a week before the scheduled defended hearing (to commence on 6 February 2023), the NSW Police provided that seven (7) sequences would be withdrawn with the charge(s) of travel without a valid ticket and possess prohibited drug to remain.

We then provided legal advice to our client with respects to the results of the negotiations. Our client then proceeded to plead guilty to the two sequences.

Principal Daniel Wilson attended Liverpool Local Court for sentencing and received the following outcome:

1. Section 10(1)(a) for travelling without a valid ticket. This means that the Magistrate had dismissed the charges after a finding of guilt.
2. A Conviction with NO further penalty for the possession of prohibited drug.

On 7 February 2023 another defended hearing was had. Our client was charged with:

1.  Possess (numerous) identification information to commit an indictable offence; and
2.  Unlawfully obtained goods.

Again, our team prepared for a defended hearing wherein the issue of “exclusive possession” was in question. After rigorous negotiations with the NSW Police on this ground, the NSW Police withdrew the two charges. Although the NSW Police stated that no court attendance was required, Principal Daniel Wilson proceeded to attend Downing Centre Local Court with our client and received cost orders.

The following day, 8 February 2023 we were retained by a senior executive at a well-known financial company. Our client’s position as a senior executive was transferred to another role. Our client did not wish to continue in that new role and made a request to their employer of the intention to resign. Our client requested that we negotiate with their employer on a redundancy package. We contacted the employer and preliminary negotiations were made. We were told by the employer that we had until midday 10 February 2023 to prepare our proposal. We stuck to the job and reviewed the employment contract and deed thoroughly. We found many anomalies in the deed and contract. Each anomaly was again reviewed by our senior employment law consultant who then assisted in formulating a forceable proposal. On 10 February 2023, we submitted a comprehensive proposal with reference to the contract and employment law. The following week we received a response from the employer that not only did they agree with our proposal, that they would also provide an additional ex-gratia payment of $43,000.00. Our client received a total redundancy package of almost $180,000.00. We wish our client every success in their new career move.

Our next client was charged with common assault (domestic violence related). The NSW Police charged our client with punching her ex-partner which followed with a kick.

Our client made admissions that she had slapped and not punched her ex-partner. Again, representations were made to the NSW Police who agreed to the ‘slap’. We then made further representations to the NSW Police to amend the Facts Sheet in line with the De Simoni principal. In short, the rule in De Simoni means that a sentencing court cannot consider facts that would warrant a conviction for a more serious crime than that which has been charged. As such over four (4) paragraphs of the Facts Sheet were redacted.

In lieu of sentencing our team prepared thorough written submissions encompassing, extenuating circumstances, mitigating circumstances, subjective materials, and the like. Case law and legislations were applied in the written submission.

On 20 February 2023 Principal Daniel Wilson attended Newtown Local Court and presented the written submission. The Magistrate was satisfied with the written submission and held that a non-recording of a conviction was appropriate.

These outcomes are truly incredible. Our firm truly believes that we receive these results through early preparation with a dedicated team. Our wealth of knowledge in criminal and employment law has allowed us to build on our precedents to strive forward in the interest of justice.

If you have an employment or criminal law matter do not hesitate to contact our firm. We defend both liberty and livelihood and we are "Always in Your Corner".