Guilty Verdict Quashed on Appeal at Sydney District Court

Jack Leitner appeared on behalf of a client who, having been previously represented by another firm, was found guilty of a charge of Common Assault and had an Apprehended Domestic Violence Order made against him.

The Case: Common Assault and Apprehended Domestic Violence Order

Our client was a young man from Sydney who was alleged to have assaulted his father in the heart of Sydney’s Central Business District. Our client had previously engaged another law firm who represented him in defence of his charge at the Downing Centre Local Court.

Our client was found guilty and sentenced. An Apprehended Domestic Violence Order was also made against him. Our client changed his legal representation and approached Australian Lawyers and Advocates, represented by Mr. Jack Leitner, a highly experienced criminal defence lawyer and advocate and Accredited Specialist in Criminal Law.

Client Appeal: Sydney District Court

Upon review of our client’s proceedings before the Downing Centre Local Court, to say that our client’s previous legal representation was shockingly bad is an understatement. We could not believe what we read and saw when we reviewed all of the material in this case, particularly the transcript of our client’s proceedings before the Downing Centre Local Court at first instance! Amongst many eyebrow raising issues, our client’s previous lawyer:

  • Agreed to admit evidence which was tactically and legally unfair to our client.
  • Lead evidence which was superfluous, inadmissible and irrelevant to the case.
  • Was constantly berated by the Magistrate for not following correct evidentiary and other procedures.
  • Did not have an adequate understanding of the laws of evidence and court procedure generally.
  • Did not lead evidence which was available and of assistance to our client’s case.
  • Allowed his phone to ring not once, but twice during the hearing before the Downing Centre Local Court.

Mr. Leitner carefully considered the transcripts and other material before the Downing Centre Local Court in pursuit of our client’s appeal to the Sydney District Court before carefully and tactfully preparing detailed written submissions.

Downing Centre Local Court Decision Quashed

Following our analysis of our client’s case and Mr. Leitner’s comprehensive and compelling submissions. The Prosecutor, in a rare move, was persuaded to concede our client’s appeal and supported Mr. Leitner’s appeal against our client’s guilty verdict. The District Court Judge, having also read Mr. Leitner’s persuasive submissions also agreed that our client’s guilty verdict, sentence and consequential Apprehended Domestic Violence Order be set aside resulting in the Sydney District Court quashing the verdict, sentence and Apprehended Domestic Violence Order imposed by the Downing Centre Local Court.

We are just as pleased as our client was to have had justice finally served. Our client had consulted with numerous other firms before engaging Australian Lawyers and Advocates and was not disappointed! This case highlights the importance of engaging lawyers who are highly knowledgeable and experienced lawyers and advocates. Our reputation and results speak for themselves and this case is another example of our ability to obtain the best outcomes for our clients.

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