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Daniel Shestowsky appeared on behalf of a 38 year old man from Sydney at Downing Centre Local Court who was charged with numerous domestic violence offences. As a result of our representation, our client had several charges dismissed and despite pleading guilty to one charge of Intimidation and one charge of damaging property, did not receive any criminal convictions on sentence.
Domestic Violence Incidents in Zetland, NSW
On 6 September 2021, our client was arrested and charged with numerous domestic violence offences and had an Apprehended Domestic Violence Order placed upon him after our client’s partner had called the Police and made several allegations of intimidation and property damage against our client.
Our client had been in a relationship with the victim for a period of 2 and a half years. Both our client and his ex-partner decided to end the relationship, however made the decision to continue living together in the interim. This arrangement created significant friction within the household and led to a number of arguments and confrontations between our client and his ex-partner.
Several of these arguments and our client’s behaviour became the basis for his ex-partner’s complaints to the Police and ultimately our client was charged with a total of four domestic violence offences including three charges of Stalk/Intimidation and one charge of Destroy/Damage Property. As a result of the charges against our client, the Police obtained an Apprehended Domestic Violence Order against our client, prohibiting him from being able to contact or see the victim.
Domestic Violence Hearing at Downing Centre Local Court
Our client sought advice from our highly experienced lawyers and advocates. At our client’s first court date pleas of not guilty were entered to all charges before the court and our client’s matter was listed for a defended hearing.
We analysed the evidence and found that the evidence in respect of some of the charges was significantly lacking. We obtained a detailed version of events from our client and meticulously prepared our client’s case. After considering the evidence, we liaised with the Police Prosecutor and after highlighting inherent problems in parts the prosecution case, two charges of Stalking/Intimidation against our client were withdrawn by the Prosecutor before our client’s defended hearing. Given the strength of the prosecution’s case in relation to the remaining charges and our client’s version of events, our client ultimately pleaded guilty to one charge of Stalk/Intimidation and one charge of Destroy/Damage Property.
Outcome
Given our client’s pleas of guilty, our client faced the very real prospect of a criminal conviction and potentially more serious punishment including potential sentences of imprisonment.
Mr Shestowsky prepared a thorough case for our client’s sentencing proceedings emphasising his remorse and contrition and the steps he had taken since his offending behaviour to learn from his actions and approach differences of opinion in a more mature and respectful manner. Ultimately, with the help of Mr Shestowsky’s persuasive and eloquent submissions, our client did not receive any criminal convictions and was ordered to enter into a Conditional Release Order to be of good behaviour for a period of 18 months.
Why Choose Australian Lawyers and Advocates?
Domestic violence offences are serious. This case highlights the importance of engaging lawyers who are highly knowledgeable and experienced criminal law lawyers and advocates. It is important that you consult with an experienced criminal defence lawyer as soon as possible after you have been charged with or are likely to be charged with an offence. Many law firms claim to be ‘the best’ or ‘leading’ firms. At Australian Lawyers and Advocates, we let our results, reputation and high level of client service and satisfaction speak for themselves.
The content contained within this guide is expressed as a general guide as to this area of law and is not intended to contain legal advice specific to an individual’s case. If you, or someone you know has been charged with a criminal offence and requires legal advice, do not hesitate to contact Australian Lawyers and Advocates to discuss any criminal law or traffic law matters further.
