Our client was a 51-year-old male charged under Commonwealth law with the offence of ‘use carriage service to menace, harass, offend’. The offence carries a maximum penalty of 12 months imprisonment and / or a $13,320 fine.

The facts of the case were that our client sent a one-off email to the local high school after finding out that a female friend had been severely bullied there as a child. The language of the email was very offensive and threatening towards the school staff. It was read by one employee who immediately informed the police.

Our client contacted Lamont Law and we assisted him to prepare his case, demonstrating his remorse to the court. We also helped him to explain to the court the context of his actions, as he was distressed that his friend had developed significant mental health problems as a result of the bullying and had been hospitalised for depression and anorexia.

Our criminal defence lawyer, Yvette, made submissions to the court, highlighting our client’s genuine remorse, the fact that the behaviour was completely out of character and the extenuating circumstances in which it was made. She thereby persuaded the magistrate to exercise her power to impose a good behaviour bond and not to impose a conviction. This was a considerable relief, as our client’s company held contracts with a large government department and was concerned that a criminal conviction may jeopardise this business.

Result achieved by

Yvette Holt

Solicitor · Lamont Law

Yvette is admitted to the Supreme Court of NSW and the High Court of Australia. Yvette has extensive experience in litigation and practices exclusively in criminal and traffic law. Yvette graduated from the University of Sydney with first class honours and has a Masters of Law from Cambridge University, also with first class honours. Yvette has had a legal and academic career spanning 20 years.

Other Results

Yvette Holt

@Mullumbimby Local Court

Good Behaviour Bond without Conviction – Use Carriage Service to Menace, Harass, Offend

Our client was a 51-year-old male charged under Commonwealth law with the offence of ‘use carriage service to menace, harass, offend’. The offence carries a maximum penalty of 12 months imprisonment and / or a $13,320 fine.

The facts of the case were that our client sent a one-off email to the local high school after finding out that a female friend had been severely bullied there as a child. The language of the email was very offensive and threatening towards the school staff. It was read by one employee who immediately informed the police.

Our client contacted Lamont Law and we assisted him to prepare his case, demonstrating his remorse to the court. We also helped him to explain to the court the context of his actions, as he was distressed that his friend had developed significant mental health problems as a result of the bullying and had been hospitalised for depression and anorexia.

Our criminal defence lawyer, Yvette, made submissions to the court, highlighting our client’s genuine remorse, the fact that the behaviour was completely out of character and the extenuating circumstances in which it was made. She thereby persuaded the magistrate to exercise her power to impose a good behaviour bond and not to impose a conviction. This was a considerable relief, as our client’s company held contracts with a large government department and was concerned that a criminal conviction may jeopardise this business.

Yvette Holt

@Tweed Heads Local Court

Conditional Release Order without Conviction – Common Assault (DV related)

Our client was a 55-year-old female charged with common assault in a domestic violence context. The offence carries a maximum penalty of 2 years imprisonment and / or a $5,500 fine.

The facts of the case were that our client slapped her son’s girlfriend across the face in her own house after the girlfriend had come around to our client’s house and caused distress to our client’s elderly mother. The background to these events was that our client and her son had been subject to verbal and physical abuse by his girlfriend over a number of years, having all previously lived together.

Our client contacted Lamont Law for assistance and we were able to provide advice and help her put together subjective material demonstrating to the court that this behaviour was completely out of character and that she was extremely remorseful and had a high level of insight into her actions.

Out Northern Rivers lawyer, Yvette Holt, made compelling submissions to the court, ultimately persuading the magistrate not to record a conviction against our client in this case. As our client was finishing a degree in early childhood eduction, this was a matter of significant relief, as a criminal conviction for assault may have made it very difficult for her to obtain employment in her field upon graduation.