Our client Tom*, came to our firm to seek legal criminal representation. Tom was an Irish national working in Australia, he was facing legal hurdles after an incident outside the Coogee Pav* in Syndyey. The situation involved a misunderstanding that escalated into a physical altercation. As a result, he faced affray charges and came to our criminal lawyers for help.
Tom and his friend were leaving the pub when they encountered two youths. A misunderstanding occurred, leading to a pub brawl. Initially, Tom intervened to de-escalate and protect his friend. CCTV captured the altercation, showing various angles of the event.
Legal Strategy:
Initially, Tom opted to defend himself on self-defence. We entered a plea of not guilty and ordered the CCTV footage. Initially, the footage seemed to support Tom’s claim of self-defence. However, additional footage showed the altercation continuing further down the road, weakening our defence.
Legal charges:
Matter Type: Hearing / Sentence / Section 14 Application / Trial / ADVO / APVO / Other
Charges:
- Affray
- Behave in offensive manner near public place / school
Adjusted Legal Approach for Affray Charges:
Given the new evidence, we shifted our strategy from a full trial to negotiating a sentence. We worked with the police to amend the facts sheet to emphasize Tom’s role in trying to defuse the situation. Furthermore, they dropped the charge of behaving in an offensive manner, leaving Tom with a single count of affray.
Court Proceedings for affray charges:
In court, we submitted reference letters and argued for a non-conviction. In our defence strategy, we highlighted otherwise positive contributions and the isolated nature of the incident.
What was the outcome?
Ultimately, Tom was granted a Conditional Release Order (CRO) for 24 months. This required good behaviour, but no conviction was recorded. Therefore, this outcome offered Tom a chance to seek permanent Australian residency in the future.
This case underscores the complexities of self-defence claims. It also highlights the importance of adaptable legal strategies. Furthermore, Tom’s experience highlights the need for accurate evidence representation. Additionally, we used effective negotiation skills to ensure a fair outcome.
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If you or someone you know needs criminal defence, get in touch with our criminal lawyers today. To get in touch, please call (02) 9261 4281, or email . We can help arrange a free, confidential consultation for you*
*We changed some details for client privacy.
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