Our client was a 48 year old man with limited criminal antecedents. He was previously employed as a NSW police officer and left the NSW police force due to developing significant mental health issues as a result of what he witnessed during his time as a serving police officer. He was charged with two counts of common assault domestic violence related after an argument occurred in the family home with his 16-year-old daughter. His 16-year-old daughter was the named victim in both counts.

The first count related to our client’s act of excessively disciplining his daughter for how she spoke to her mother. The second count related to the physical act he took to prevent his daughter running away from home. Common assault domestic violence related carries a maximum term of imprisonment of 2 years and/or a maximum fine of $5,500. Our client was concerned about the impact of criminal convictions on his employment, particularly as he had commenced a new role with his new employer and was subject to a probationary period and criminal background check. He engaged Jelena as his legal representative. From the outset, Jelena was transparent and explained to him that there may be difficulties in avoiding a criminal conviction, due to the offences being aggravated by the fact that the victim was a child and that the offence occurred in the family home.

Our client was also subject to an Apprehended Domestic Violence Order (ADVO) which prevented him from being in the family home with his wife and the victim. He instructed Jelena to vary the ADVO and his bail conditions to allow him back in the family home. In obtaining detailed instructions from our client about his version of events, it became apparent to Jelena that whilst our client instructed us to plead guilty, there were issues with the police facts sheet. Through working closely with our client, Jelena prepared formal representations seeking an amendment to the police facts sheet in line with our client’s instructions. Jelena was able to successfully persuade Nepean PAC to agree to our amended facts sheet. Jelena comprehensively prepared for an ADVO and bail variation application to the court to amend the ADVO and bail conditions in line with our client’s instructions. Jelena gathered relevant subjective material to support our variation applications and evidence that our client was undergoing significant rehabilitation for his mental health and that he was committed to continuing his rehabilitation. In building a good relationship with the client, our client was able to trust Jelena to explain to her his history of mental health issues. Jelena explained the process of making a section 14 application under the Mental Health and Cognitive Impairment Provisions Act 2020. Jelena assisted our client by organising a section 14 report to be prepared by a psychologist and further medical material in support of the application.

The matter was listed for a section 14 hearing before a Magistrate in Penrith Local Court. In support of this section 14 application, Jelena filed psychological and medical material to Penrith Local Court and Penrith prosecutors. When the matter proceeded, Jelena was able to persuade the Magistrate to deal with the two offences under the Mental Health and Cognitive Impairment (Forensic Provisions) Act 2020 (‘the Act’) than otherwise in accordance with the law. The Magistrate dismissed both offences under a section 14(1)(a) order under the Act. This meant that our client avoided criminal convictions for both counts of common assault domestic violence related. In turn, he was able to continue in his place of employment.

lamont law jelena

Result achieved by

Jelena Dobric

Solicitor · Lamont Law

Jelena is admitted to the Supreme Court of NSW and the High Court of Australia. Jelena practices exclusively in criminal and traffic law. Jelena has degrees in Media and Law from the University of New South Wales.

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