case study

Case Study – A Very ACase Study – A Very Average Unpredictable Day at Burwood Local Courtverage Unpredictable Day at Burwood Local Court

Our newest addition to our criminal defence team here in Sydney, Emily Wood-Ward, had a challenging start to her sentencing hearing at Burwood Local Court.

The client was an older man charged with one count of intimidation with intent to cause fear of physical or mental harm pursuant to section 13 Crimes (Domestic and Personal Violence) Act 2007 (NSW). His threats were made in a heated verbal argument with his wife. The matter was listed for sentence at Burwood Local Court.

Before the matter was called, the prosecutor informed Ms Wood-Ward when she arrived at the courtroom that the police were intending on laying three new charges relating to the same incident against the client. This was on the very day of the sentencing hearing.

This was completely unacceptable and highly unfair to the client. Ms Wood-Ward canvased this and the detrimental impact this would have caused the client given the prosecution had been given ample time to bring the additional charges. The Magistrate agreed with Ms Wood-Ward, reprimanding the police prosecutor. Ms Wood-Ward continued to press the matter to proceed to sentence on the one sequence whilst the prosecutor sought an adjournment.

The Magistrate told the court he was going to award Ms Wood-Ward’s client’s costs if the adjournment was pressed.

The matter was then stood by the prosecutor in the list whilst the prosecutor sought further instructions from the police Command. After a short period of time, a new prosecutor arrived to take over. The new police prosecutor confirmed that the prosecution would be seeking an adjournment to bring the additional charges.

Due to the busy list on the day, the matter was called before another Magistrate before whom Ms Wood-Ward objected again to the prosecution’s adjournment application. No adjournment was granted.

The matter then proceeded to sentence on the single charge of intimidation. After detailed submissions were made by Ms Wood-Ward on behalf of the client, the Magistrate exercised his discretion to deal with the matter by way of a conditional release order without conviction.

Ms Wood-ward fought for her client’s case and achieved the most lenient sentence available, a conditional release order without conviction.

This was a fantastic result, and the client was incredibly pleased with the level of advocacy Ms Wood-Ward provided.

The Local Court can be an unpredictable and challenging environment and KPT Defence Lawyers advocates have demonstrated repeatedly that they will tirelessly fight for your rights.

If you wish to obtain the services of a great young criminal advocate like Ms Wood-Ward, we recommend that you contact KPT Defence Lawyers. The criminal team at KPT Defence Lawyers have extensive experience in all areas of criminal and traffic law at all levels of the NSW court system.

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

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