Our client was a 72-year-old woman with a long history of gainful employment in the NDIS sector and strong, well-established ties to her local community in the Southern Highlands. She had lived an otherwise law-abiding life and had no prior criminal history.

She was charged with one count of threatening to distribute an intimate image without consent, a domestic violence-related offence under New South Wales law. The allegation arose in highly unusual and emotionally charged circumstances, which were markedly different from the typical fact patterns seen in image-based abuse matters. Importantly, there was no evidence that any image had been distributed, and the alleged threat occurred in a context that did not involve coercive control or ongoing harassment.

Despite these circumstances, the offence itself is treated seriously by the courts. It carries a maximum penalty of two years’ imprisonment and/or a fine of $5,500 if dealt with in the Local Court, or up to three years’ imprisonment and/or a fine of $11,000 if dealt with in the District Court. Given the domestic violence classification, our client was understandably distressed about the potential consequences and the lasting impact a criminal conviction could have on her personal reputation, professional standing, and community involvement.

Upon engaging Jelena, our client received clear and candid advice about the seriousness of the charge and the real risk that a conviction could be recorded. Jelena took the time to explain the sentencing process, the relevant legal principles, and the options available. While being transparent about the risks, Jelena assured the client that her case would be carefully prepared and presented to ensure the court had a full and accurate understanding of both the offence and the client’s personal circumstances.

Jelena undertook a thorough preparation of the matter, including:

  • Preparing a detailed affidavit outlining the client’s background, health, personal history, and the unusual context of the offending

  • Gathering strong character references from respected members of the community and professional colleagues

  • Assisting the client in drafting a genuine letter of remorse, demonstrating insight into the seriousness of the conduct and the impact of her actions

  • Making structured submissions to the court addressing the objective seriousness of the offence, the client’s subjective circumstances, and the principles governing the exercise of discretion under section 10

At sentencing, Jelena successfully persuaded the Magistrate that this was an appropriate case for the court to exercise leniency. The Magistrate accepted that the offence was out of character, that the client posed no ongoing risk, and that recording a conviction would be disproportionately punitive given her age, background, and otherwise exemplary life.

The court ultimately dealt with the matter under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), imposing a Conditional Release Order without a criminal conviction being recorded.

This outcome allowed our client to move forward without the burden of a criminal record, preserving her reputation, independence, and standing within her community.

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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