Our client was a 38 year old man previously known to police. Jelena had previously successfully represented him in two older, separate matters at Liverpool Local Court. As a result of the client previously receiving good outcomes in court and trusting Jelena to handle his legal matters, when he found himself in legal trouble again, he contacted Jelena again to represent him for his third matter in Liverpool Local Court. Our client was charged with three domestic violence offences relating to an evening he returned home intoxicated to his partner. It was alleged by NSW police that he became physically violent with her, assaulting her and assaulting her occasioning actual bodily harm. The first offence he was charged with was common assault domestic violence related, which carries a maximum term of imprisonment of 2 years and/or a maximum fine of $5,500. The second offence he was charged with was assault occasioning actual bodily harm domestic violence related, which carries a maximum term of imprisonment of 5 years if dealt with in the District Court, or 2 years if dealt with in the Local Court jurisdiction and/or a fine of $5,500. The third offence he was charged with was contravene prohibition/restriction in AVO (domestic), which carries a maximum term of imprisonment of 2 years and/or a fine of $5,500. Our client instructed us to plead not guilty to the offences of common assault domestic violence related and assault occasioning actual bodily harm domestic violence related. From the moment he engaged Jelena as his solicitor again, our client was adamant that the alleged assaults never took place and that he, in fact, was assaulted by the alleged victim. Our client instructed us to enter a plea of guilty to the offence contravene prohibition/restriction in AVO, as he had been in breach of an AVO due to breaching condition 4 of the AVO, which prohibited him from contacting or approaching his partner within 12 hours of consuming alcohol. Our client had made admissions to police that he had been drinking within the 12 hour period, but he firmly denied ever assaulting the alleged victim. The matter was listed for a defended hearing at Liverpool Local Court. Jelena worked together with our client to obtain detailed instructions from him about the evening in question. Jelena diligently prepared for the defended hearing. Jelena rigorously cross-examined the alleged victim in the matter, putting our client’s detailed version of events to her and questioning her about whether she told police the full truth about the events of the evening our client arrived home. Through Jelena’s cross-examination of the alleged victim, the alleged victim conceded that she had previously been charged with common assault domestic violence related and that she was currently subject to an Apprehended Violence Order, with our client named as a the victim and protected person, which persuaded the court that she had a history of domestic violence as a perpetrator against our client. Through lengthy and rigorous cross-examination and compelling oral submissions, Jelena was able to persuade the Magistrate that there were significant inconsistencies in the complainant’s evidence, which suggested that she was not a credible nor truthful police witness. Ultimately, the Magistrate found our client not guilty of both assault offences and the charges were dismissed. As for the plea of guilty which was entered to the contravene prohibition/restriction in AVO (domestic) for the act of contacting or approaching the victim within 12 hours of consuming alcohol, his Honour convicted our client and fined him a reduced fine of $1,100. Our client was immensely thankful to Jelena for handling his third and final matter with confidence and ease.

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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