Licence Appeal – Upheld

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.

Our client appeared before the Court charged with stalk or intimidate intending to cause fear of physical or mental harm after police alleged she threatened to kill her mother during an argument at their home.

Domestic violence related offences are treated seriously by the Courts and can result in criminal convictions, apprehended orders, and lasting consequences for employment and reputation. In this matter, our client was employed full-time, had no prior criminal history, and was deeply concerned about the impact a conviction would have on her future.

From an early stage, it became clear that the alleged offending was closely connected to the client’s mental health and that treatment, rather than punishment, was the appropriate path forward.

A key issue in the case was whether the client was suitable for diversion under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

Lamont Law solicitor Tristan Appleton advised the client promptly, arranged a psychological assessment, and obtained expert evidence addressing the client’s mental health condition, treatment needs, and the connection between her condition and the alleged conduct.

Tristan Appleton then prepared and conducted a detailed application under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, submitting that continued treatment in the community was the most appropriate outcome.

After considering the evidence and submissions, the Court granted the application and discharged the client into the care of her treating psychologist.

As a result, no conviction was recorded, protecting the client’s future employment prospects and ensuring she was not punished for behaviour directly linked to her mental health.

Why this result matters: Where mental health issues play a significant role in alleged offending, early legal advice and prompt psychological intervention can be critical in securing a treatment-focused outcome rather than a criminal conviction.

This case result was dependent on its own facts and circumstances. Past results do not guarantee future outcomes.

Our client appeared before the Court charged with assault occasioning actual bodily harm after police alleged she assaulted another patron at a nightclub and caused injury.

Assault occasioning actual bodily harm is a serious violence offence in New South Wales and carries significant potential penalties, including a criminal conviction, community-based orders, and in some matters imprisonment. A conviction can also affect employment, travel, and future opportunities.

Our client was employed full-time and had no prior criminal history. She was particularly concerned about the impact a conviction would have on her employment and future aspirations.

Lamont Law solicitor Tristan Appleton carefully reviewed the police evidence, advised the client on the likely sentencing outcome, and prepared detailed subjective material for the Court.

That material included evidence of the client’s prior good character, employment history, remorse, and the broader personal circumstances relevant to sentence. Tristan Appleton then made submissions seeking leniency and urging the Court not to record a conviction.

After considering the evidence and submissions, the Court dealt with the matter by way of a Conditional Release Order without conviction.

As a result, no conviction was recorded, allowing the client to avoid a criminal record and protect her employment and future prospects.

Why this result matters: Even in serious assault matters, early legal advice, strong subjective material, and careful advocacy can significantly improve the final outcome.

This case result was dependent on its own facts and circumstances. Past results do not guarantee future outcomes.

Our client came to Court after being charged with low range drink driving and having his driver licence immediately suspended by police.

Immediate police suspensions can have devastating practical consequences. In this matter, our client was employed full-time, had no prior criminal history, was the primary breadwinner for a young family, and relied on his licence to continue working and supporting those dependent upon him.

If the suspension remained in place, the client faced a 3-month loss of licence, with likely job loss and significant hardship for his family.

Appeals against immediate police suspensions are often difficult and require the Court to be satisfied that there are exceptional circumstances justifying intervention.

Lamont Law solicitor Tristan Appleton advised the client urgently, gathered substantial subjective evidence, and prepared detailed oral submissions demonstrating the hardship that would result if the suspension continued.

Appearing on the client’s behalf, Tristan Appleton persuaded the Court that exceptional circumstances existed and that the suspension should be lifted.

The Court allowed the appeal and set aside the police decision to suspend the client’s licence.

As a result, the client was able to retain his licence, continue working, and keep supporting his young family.

Why this result matters: Licence suspension appeals are challenging matters that require prompt action and strong preparation. With early legal advice and compelling evidence, it is possible to successfully challenge a police suspension and protect a client’s livelihood.

This case result was dependent on its own facts and circumstances. Past results do not guarantee future outcomes.