Our client was 53 years of age. He was charged with one count of possession of child abuse material contrary to s 91H(2) of the Crimes Act 1900 (NSW). It is a serious offence to possess child abuse material in New South Wales carrying a maximum penalty of ten years imprisonment if prosecuted on indictment to the District Court. Offenders often face strict penalties, including full-time imprisonment and registration on the Child Protection Register, reflecting Parliament’s commitment to safeguarding vulnerable young persons from exploitation and abuse. A search warrant was executed on our client’s home. Our client assisted Police with their search by directing investigators to the location of each of his electronic devices and seven electronic devices were subsequently seized. When questioned by the Police, our client immediately made admissions to having downloaded child abuse material a few months prior. He informed investigators that he accessed the material over a three-day period and believed that he deleted the material from his laptop. A forensic digital analysis was conducted of each of our client’s electronic devices. Investigators restored and retrieved 885 deleted media files, accessed over a three-day period, from one laptop. The forensic examination further revealed that our client used specific, explicit, search terms to locate the child abuse material. After being charged and released on conditional bail, our client contacted Lamont Law where he spoke with our criminal defence solicitor, Joanna. He disclosed the circumstances of the offence, and a history of alcohol and illicit substance abuse, along with a significant history of mental health impairments. Our client explained that he intended to plead guilty and that his greatest concern was that he may be sentenced to a term of full-time imprisonment. Joanna offered assurance that she would do everything she can to support him and guide him through the Court process. Of crucial importance, Joanna was transparent throughout the entire process. From the outset, she explained the elements of the offence (what is required to prove the offence), the maximum penalties and the likelihood of a sentence of full-time imprisonment. We set a goal to work towards, but we provided a realistic outcome in the circumstances. We were able to tell him exactly what he needed to prepare before our Court date, and we made ourselves available for all his questions along the way. We immediately consulted with his treating psychologist to prepare both a psychological report confirming his mental health history and a report assessing our client’s risk of reoffending in a similar manner. Joanna conducted her due diligence by reviewing the material so as to ensure that the material located by investigators amounted to child abuse material. Before attending Court, Joanna prepared comprehensive written submissions setting out our clients compelling subjective circumstances, history of mental health impairments, history of illicit substance and alcohol misuse, intention to dispose of the material, and advocated for a non-custodial sentence. Together we appeared at Bankstown Local Court, where Joanna made further compelling submissions on behalf of our client. She acknowledged the serious nature of the offence and the need for general deterrence for offending of this kind. Importantly, she highlighted that the access occurred over a limited period, that there was evidence consistent with his intention to dispose of the material, and that he was now well engaged in rehabilitation. Joanna advocated that a non-custodial sentence would be more appropriate in light of our client’s proactive engagement in supervised rehabilitation, his low risk of reoffending, his compelling subjective circumstances, and the remorse he demonstrated throughout the proceedings. Her Honour accepted the submissions made by Joanna when determining the appropriate penalty for our client. Our client was sentenced to a Community Corrections Order for three years with strict conditions in respect of supervision, ongoing rehabilitation, and unpaid work in the community. Our client was relieved to have avoided a sentence of full-time imprisonment and to remain in the community.

Joanna

Result achieved by

Joanna Pasternak

Solicitor · Lamont Law

Joanna obtained her degrees in Law and International Studies from Macquarie University. Following her undergraduate studies, she completed her Practical Legal Training under the guidance of seasoned professionals. Joanna was admitted to practice law in the Supreme Court of New South Wales in August 2020, and is a registered member of the New South Wales Law Society.

Other Results

Joanna Pasternak

@Gosford Local Court

Not Guilty – Negligent Driving Occasioning Grievous Bodily Harm

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.

Joanna Pasternak

@Parramatta Local Court

Charges Downgraded and Dismissed Under Section 14 Mental Health Application

Our 38-year-old client, a mother supporting her family overseas, faced criminal charges following an incident after a family gathering in north-western Sydney. Following a pleasant retreat in the Blue Mountains, she drove her family to her parents’ home. While enjoying tea, an argument erupted between our client and her mother over inappropriate language use in front of her child. The confrontation escalated when her mother attempted to take the child from her arms, prompting our client to push her mother away gently with her forearm.

The situation intensified, with allegations that our client kicked her husband more than 50 times, resulting in a minor injury, before he retaliated. After calling emergency services to report her husband’s conduct, she was arrested and charged with common assault and assault occasioning actual bodily harm.

Upon contacting Lamont Law, our client conveyed her version of events and disputed the charges. Notably, she had a significant mental health history exacerbated by her circumstances at the time. Our solicitor, Joanna, guided her through the process of amending the charges and prepared representations to the police, resulting in the serious charge being downgraded.
At Parramatta Local Court, Joanna argued for dismissal of the charges and proposed a twelve-month diversion to mental health care, including psychological counselling and cognitive behavioural therapy. The court accepted these submissions, dismissing the charges and allowing our client to pursue structured rehabilitation, avoiding a criminal conviction.

Joanna Pasternak

@Hornsby Local Court

Prison Avoided - High Range PCA

Our 43-year-old client was charged with driving with a high-range prescribed concentration of alcohol (PCA) after a distressing incident. While at home, she consumed a bottle of wine and engaged in self-harming behaviour, causing significant injuries to her forearms. She decided to drive herself to the Emergency Room for treatment. While driving out of her apartment complex’s basement, she collided with a storage cage and a stone barrier, stopping against the building’s exterior wall. Witnesses aided her, and emergency services soon arrived. A roadside breath analysis revealed a BAC of 0.294, significantly above the legal limit of 0.05 for unrestricted licence holders in NSW.
After being charged, our client contacted Lamont Law and spoke with criminal defence solicitor Joanna. She disclosed her history of alcohol abuse, self-harm, and mental health decline. Our client pleaded guilty and was concerned about the possibility of imprisonment, though she had since completed an alcohol detox program and was engaged in ongoing rehabilitation.
Joanna worked with her client’s healthcare providers to prepare a psychological report detailing her alcohol abuse history and mental health challenges. In court, Joanna emphasized her client’s rehabilitation progress, remorse, and participation in the Traffic Offenders Intervention Program, advocating for a non-custodial sentence.
The court accepted Joanna’s submissions, sentencing our client to an 18-month Intensive Corrections Order with mandatory rehabilitation. Her driver’s licence was disqualified for nine months, and she was placed in a 48-month interlock program, much to her relief.

Joanna Pasternak

@Hornsby Local Court

Not Guilty - Contravene ADVO

Our 57-year-old client, self-employed, was charged with contravening an apprehended domestic violence order (ADVO) after an incident involving his brother and nephew. Following a family dispute, an ADVO was imposed, and a few months later, our client was accused of following his brother and nephew while driving through West Gosford. Unaware of their presence, he was on his way to a Bunnings store for business purposes. His brother and nephew, however, claimed he was knowingly breaching the ADVO by following them.

After his arrest, our client sought legal representation from Lamont Law and provided a detailed account of his actions on the day. He explained that he was unaware of their presence and was simply traveling through a major thoroughfare to his destination. Joanna, his criminal defence solicitor, explained that for the charge to hold, the prosecution must prove beyond reasonable doubt that our client knowingly breached the ADVO, which was not the case here.

At the hearing in Hornsby Local Court, video evidence provided by the nephew showed our client driving at a normal speed, maintaining a significant distance, and making no suggestive movements of following. During cross-examination, Joanna highlighted the absence of proof that he was aware of their presence or that he was trying to follow them. His Honour ultimately accepted Joanna’s submissions, ruling that the prosecution failed to prove our client knowingly breached the ADVO, leading to his acquittal.