@Newcastle Local Court
Our client was a 57-year-old male charged with domestic violence related offences involving his older brother, following an argument which turned physical in their home. During the altercation, the victim was left with serious injuries requiring brief hospitalisation. Their mother was also left slightly bruised and battered in attempting to intervene, and our client too had a number of injuries. Whilst being transported to hospital, the complainant gave a self-serving version of events to emergency responders who swiftly notified police. Once again, the complainant gave a statement to police that was implausibly one sided and our client was charged with the offences. At the hearing, the complainant gave evidence that our client was so out control on the date in question he had no doubt he was fighting for his life. After a well-planned and thorough cross-examination, our client was found not guilty.
@Gosford Local Court
Our client, charged with domestic violence related offences following an argument at his home with his adult daughter, initially pleaded not guilty on advice from another lawyer. Just weeks out from the hearing, he contacted Lamont Law for a free consultation to seek out a second opinion. His concern was, the incident was fully captured on video and the evidence was expected to be played in Court.
Our solicitor Skye spoke with the client on several occasions, taking the time to explain the available options and the consequences of each. Ultimately, our client instructed us to resolve the proceedings by way of charge negotiations.
At the hearing, with the complainant present, Police accepted the defence offer and in doing so reinstated our client’s sentencing discount. After preparing for sentence, we were able to persuade the court to deal with the matters by way of Conditional Release Order without Conviction for a period of six (6) months. Our client was overjoyed by the outcome and to have avoided a criminal record.
@Singleton Local Court
Our client was a 39-year-old female who was charged with DV related ‘assault occasioning actual bodily harm’ of her former partner. The Facts as alleged by the complainant, is that whilst he was driving he assaulted with our client allegedly having punched him several times; and bit him to the centre of his back leaving a nasty bruise. Our client was arrested and taken into custody. She was subject to strict bail conditions, as well as an ADVO which prevented her from returning to her workplace where the complainant was also employed. Our solicitor Skye came into the matter a week prior to first mention. She immediately sought a variation of the ADVO and bail conditions to allow our client to return to work. A plea of not guilty was entered. At the hearing, Skye cross-examined the complainant meticulously and at the close of the evidence, the Local Court Magistrate declined to hear submissions from the parties. The learned Magistrate remarked he could not possibly accept the complainant’s version, with so many of the defence questions being answered with ‘I don’t know/I don’t remember’ and so many inconsistencies he could not explain. Our client was found not guilty.
@Toronto Local Court
Our client, charged with ‘assault occasioning actual bodily harm’ and ‘common assault’ scheduled a free no obligation consultation with our solicitor, Skye Nixon. From the outset, it was apparent on the Police Facts that our client was the true victim, and had been arrested without reasonable cause. We appeared at Toronto Local Court and entered pleas of not guilty. At the hearing, the charges were withdrawn and dismissed. Skye made an application for criminal costs, seeking compensation for the entirety of our client’s legal expenses. The matter was concluded with costs awarded leaving our client in the same financial position as he was prior to having been charged with the offences.
@Gosford Local Court
Negligent Driving Occasioning Grievous Bodily Harm carries a maximum penalty of 9 months imprisonment, a $2,200 fine, and an automatic disqualification of 3 years (reducible to 12 months) in NSW. This offence applies when a driver causes serious injury to another person by driving without the due care and attention expected on the road. Our client was charged following a traffic incident in which another person sustained significant injuries. The matter proceeded to a defended hearing in the Local Court. After careful preparation and contested evidence, the court found our client not guilty, avoiding both a conviction and a mandatory disqualification period.
@Cessnock Local Court
Our client came before the Court after being charged with driving with an illicit drug present in oral fluid and subsequently having his licence suspended.
For this client, the consequences were immediate and severe. He was employed full-time as a taxi driver and relied entirely on his licence to earn an income and support himself and his family. If the suspension remained in place, he faced a 3-month loss of licence and likely loss of employment.
The matter proceeded by way of an appeal against the licence suspension, requiring the Court to determine whether the decision of Transport for NSW should be set aside.
Lamont Law solicitor Tristan Appleton advised the client urgently, gathered detailed subjective material, and prepared persuasive oral submissions addressing the exceptional hardship that would result if the suspension continued.
Appearing on the client’s behalf, Tristan Appleton submitted that the suspension would have devastating employment consequences and that the Court should exercise its discretion to intervene.
After considering the evidence and submissions, the Court allowed the appeal and set aside the decision to suspend the client’s licence.
As a result, the client was able to retain his licence, continue working as a taxi driver, and avoid the serious financial consequences of losing his livelihood.
Why this result matters: Licence suspension appeals can be crucial for workers who depend on driving to earn a living. Early legal advice, strong evidence, and effective advocacy can make the difference between losing and keeping a licence.
This case result was dependent on its own facts and circumstances. Past results do not guarantee future outcomes.
@Penrith Local Court
Our client was a 37-year-old man who was charged with multiple serious assault-related offences, including assault occasioning actual bodily harm and choking, arising from an alleged domestic incident. If the charges had been proven, our client was facing the very real prospect of a lengthy term of imprisonment.
From the outset, the central issue in the case was whether our client had been acting in lawful self-defence.
The matter proceeded to a defended hearing, where the complainant and an independent prosecution witness gave evidence in support of the allegations. The prosecution case relied heavily on their accounts to establish that our client’s actions were unlawful and not justified.
During cross-examination, our legal team rigorously tested the prosecution evidence. Significant issues emerged regarding the reliability, consistency and credibility of both prosecution witnesses. Discrepancies between their accounts, inconsistencies with earlier statements, and aspects of the evidence that did not align with the objective circumstances became apparent under questioning.
These evidentiary weaknesses were central to the defence case. Our submissions focused on the prosecution’s obligation to prove beyond reasonable doubt that our client was not acting in self-defence, a burden that rests entirely with the prosecution once self-defence is raised.
Following careful consideration of the evidence and submissions, the Magistrate accepted our arguments and was persuaded that the prosecution could not exclude self-defence beyond reasonable doubt. As a result, the court found our client not guilty.
All charges were dismissed.
This outcome allowed our client to avoid a criminal conviction, custodial sentence, and the long-term personal and professional consequences that would have followed. The client was understandably relieved and extremely satisfied with the result.
@Penrith Local Court
Our client was a 37 year old woman charged with assault occasioning actual bodily harm domestic violence related. This offence carries a maximum penalty of 5 years imprisonment in the District Court or 2 years imprisonment and/or a $5,500 fine in the Local Court. The victim in the matter was her partner. The offence took place in the home, which aggravated the offence. Both our client and the victim had been heavily drinking, at which point an argument occurred about relationship issues. Our client bit the victim on his hand, causing skin to break and blood to be drawn. Our client entered a plea of guilty at the earliest opportunity, which indicated her remorse. Jelena assisted our client by making representations to NSW police to seek an amendment to the police facts sheet. Jelena also helped our client gain access to rehabilitation, by encouraging her to speak with a mental health care professional. Our client had a history of gainful employment and was at risk of having her employment terminated if convicted. As a result of successfully preparing subjective material and making persuasive submissions on behalf of our client, Jelena was able to persuade the Magistrate to deal with our client under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), discharging our client into a Conditional Release Order without a criminal conviction recorded. Jelena also negotiated with NSW police to seek a shorter final ADVO term of 6 months as opposed to the standard 2 years.
@Penrith Local Court
Our client was a 50 year old mother who found herself charged with possession of a prohibited drug (cocaine). This offence carries a maximum penalty of 2 years imprisonment and/or a fine of $2,200. Our client was employed by the Department of Education and had concerns about the impact of a criminal conviction. As our client made full admissions to NSW police to possessing the prohibited drug, she instructed Jelena to plead guilty to the offence. The plea of guilty was entered at the earliest opportunity, affording our client a discount upon sentence. In consulting with Jelena, our client disclosed that she had been through significant hardship, having left an abusive marriage, overcome alcoholism, and overcome breast cancer. Our client disclosed the circumstances in which she began using cocaine. Jelena was able to help our client gain access to rehabilitation and to prepare strong subjective material to assist sentence. In Court, Jelena was able to demonstrate a strong subjective case by making comprehensive submissions on our client’s behalf. The Magistrate dealt with our client under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), discharging our client into a Conditional Release Order without a criminal conviction recorded.
@Penrith Local Court
Our client was a 34 year old father and husband with a criminal history. He was charged with one count of intentionally or recklessly destroy or damage property. This offence carries a maximum penalty of 2 years imprisonment and/or a $2,200 fine in the Local Court or 5 years imprisonment in the District Court. Our client had attended upon a petrol station and picked up an empty large drum of chlorine, smashing the windows of the petrol station and causing damage. It was a completely unprovoked and random offence. Following this offence, our client was conveyed to hospital after a suspected mental health episode. Our client came to us instructing he wanted to make a section 14 application under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). Jelena consulted with the client and advised him of the next steps, which involved preparing a letter of instruction to a mental health professional and gathering relevant medical paperwork. Jelena successfully prepared all the relevant material and made persuasive submissions on our client’s behalf. The Magistrate allowed the section 14 application and the offence was dismissed under section 14(1)(a) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
Call A Lawyer Now
High Success Rate
Legal Experts
Free Consult • Confidential • Fixed Fees
Request a Call
