CJW – Client found not guilty after being charged with break and enter with intent to commit a serious indictable offence

Keywords: Destroy/Damage Property  – s. 195 of the Crimes Act 1900; Break, Enter and commit serious indictable offence – s. 112 of the Crimes Act 1900; Crimes (Appeal and Review) Act 2001; s. 4 Annullment of convicted imposed in the absence of the defendant.


CJW was charged with two offences; Destroy/Damage Property and Break, Enter at a NSW school. The alleged offences occurred approximately 18 months prior to CJW being charged. Due to complications at the initial hearing, CJW mistakenly held the belief that he did not need to attend the court to hear the charges against him. CJW was convicted in his absence of Break and Enter. An arrest warrant was then issued for CJW. O’Brien Criminal and Civil Solicitors assisted CJW by annullment of the conviction entered in his absence pursuant to section 4 of the Crimes (Appeal and Review) Act 2001. The defendant then pleaded not guilty and the matter was set for hearing.


The prosecution case consisted largely of circumstantial evidence, comprising importantly of a single fingerprint of CJW’s at the crime scene. Our firm successfully submitted that fingerprint was inconclusive on to his guilt. CJW was found not guilty of the offence of BFS.

If you have been convicted in your absence and were not responsible for the breach, contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office.

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