Our client was a 40 year old male. He is employed by an international company that requires him to travel extensively around the world.
He was charged with a domestic violence offence of Stalk and Intimidation.
He was facing conviction and a maximum penalty of two years imprisonment and/or a fine of $5000.
A conviction in this case would have jeopardised his ability to obtain the necessary travel visas and his ongoing ability to work and support his family.
On appeal to the District Court our solicitor Alexander Angel-Graham made submissions in respect to the objective seriousness of the offence, various mitigating factors and our client’s subjective circumstances.
Notwithstanding the aggravating factors and the fact that out client had previous matters on his criminal record that would ordinarily preclude a Section 10 dismissal, the sentencing Judge in the District Court was ultimately persuaded by our submissions and sentenced our client to a Conditional Release Order without conviction for 24 months.
This meant that our client avoided having a criminal record.
In the circumstances this was an exceptional result.
Our client was extremely happy with this outcome.
