Offense dismissed under section 14 mental health application

Our client appeared before the Court charged with 9 counts of larceny (shoplifting).

Larceny offences are treated seriously by the Courts and each count carries a maximum penalty of 2 years imprisonment and/or a $5,500 fine in the Local Court. Multiple dishonesty offences can place a person at significant risk of conviction and serious long-term consequences.

Our client was a 20-year-old woman employed as a veterinary nurse with no prior criminal history. She was deeply concerned that criminal convictions would jeopardise both her current employment and future career opportunities.

During consultations with Lamont Law solicitor Jelena Dobric, the client disclosed significant personal issues, including regular use of benzodiazepines and other illicit drugs, including use prior to the offending.

Recognising that rehabilitation was critical, Jelena Dobric assisted the client to access support and treatment.

This preparation included:

• Referral for rehabilitation support
• A letter of instruction to a psychiatrist
• Material for a comprehensive psychiatric report
• Preparation for a potential section 14 mental health application
• Further subjective material for sentence

Although the Court did not ultimately grant the section 14 application, the extensive preparation significantly strengthened the client’s position.

Appearing before Magistrate P Thompson at Campbelltown Local Court, Jelena Dobric made detailed submissions focusing on the client’s youth, lack of record, employment, rehabilitation efforts, and future prospects.

The Court was persuaded to deal with the client under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), now known as a Conditional Release Order without conviction.

As a result:

• No criminal convictions were recorded for all 9 charges
• The client protected her career and future employment prospects
• The matter was resolved without a criminal record

Why this result matters: Multiple shoplifting charges often place clients at serious risk of conviction. Early intervention, rehabilitation, and strong advocacy can dramatically change the outcome.

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 with intent to cause fear of physical or mental harm (domestic violence related) following an argument at the family home involving her step-mother.

This offence is treated seriously by the Courts and can result in criminal convictions, fines, community-based orders, and significant reputational consequences. Where offending occurs in the family home and in a domestic context, the matter is regarded more seriously.

The allegation involved a verbal threat which had been recorded.

Our client was a hardworking 18-year-old woman with a history of gainful employment despite her young age. She had no prior criminal record and was living in a difficult and challenging home environment at the time.

The client instructed that a plea of guilty should be entered, demonstrating remorse and accepting responsibility for the incident.

Lamont Law solicitor Jelena Dobric carefully prepared the matter for sentence by obtaining:

• Character references
• A letter of apology
• Material addressing the difficult home circumstances
• Evidence of the client’s employment and future prospects

Appearing before Magistrate Van Zuylen at Blacktown Local Court, Jelena Dobric made detailed and persuasive submissions seeking leniency and a non-conviction outcome.

The Court dealt with the matter pursuant to section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW), meaning the charge was dismissed and no conviction was recorded.

In addition, a final ADVO was made for a reduced period of 12 months, rather than the standard 2 years.

As a result:

• The charge was dismissed
• No criminal conviction was recorded
• The ADVO term was significantly reduced

Why this result matters: Early pleas of guilty, strong subjective material, and careful advocacy can lead to outstanding outcomes even in domestic violence related matters.

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 (domestic violence related).

This offence is treated seriously by the Courts and carries a maximum penalty of 5 years imprisonment in the District Court, or 2 years imprisonment and/or a $5,500 fine in the Local Court.

Police alleged the offence occurred in the home during an argument between our client and her partner. It was alleged that both parties had been heavily drinking when a dispute arose concerning relationship issues, during which our client bit the complainant on the hand, breaking the skin and drawing blood.

The fact that the offence was alleged to have occurred in a domestic setting was regarded as an aggravating factor.

Our client was a 37-year-old woman with a history of gainful employment who was at risk of losing her job if convicted.

She entered a plea of guilty at the earliest opportunity, demonstrating remorse and allowing the matter to proceed efficiently.

Lamont Law solicitor Jelena Dobric acted quickly to improve the client’s position by:

• Making representations to police to amend the police facts sheet
• Encouraging the client to engage with a mental health professional
• Assisting with rehabilitation steps
• Preparing strong subjective material for sentence

Appearing before Magistrate B van Zuylen at Penrith Local Court, Jelena Dobric made persuasive submissions highlighting the client’s remorse, rehabilitation, employment history, and the disproportionate impact a conviction would have.

The Court dealt with the matter under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), now known as a Conditional Release Order without conviction.

In addition, Jelena Dobric successfully negotiated with police for a reduced final ADVO term of 6 months, rather than the standard 2 years.

As a result:

• No criminal conviction was recorded
• The client avoided a criminal record
• The ADVO term was significantly reduced
• Employment prospects were protected

Why this result matters: Domestic violence related offences are serious matters. Early legal advice, rehabilitation steps, and strong advocacy can substantially improve the final outcome.

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 possession of a prohibited drug, namely 1.63 grams of cocaine.

Possession of cocaine is a serious offence under New South Wales law and carries a maximum penalty of 2 years imprisonment and/or a fine of $2,200.

A conviction for a drug offence can have serious consequences for employment, professional registration, travel, and reputation. In this matter, our client was a 50-year-old mother employed by the Department of Education and was deeply concerned about the impact a criminal conviction would have on her career.

The client made full admissions to police and instructed that a plea of guilty should be entered. The plea was entered at the earliest opportunity, entitling the client to full sentencing discount for the plea.

During conferences with Lamont Law solicitor Jelena Dobric, the client disclosed a history of significant personal hardship.

This included:

• Leaving an abusive marriage
• Overcoming alcoholism
• Recovering from breast cancer
• The circumstances in which cocaine use commenced

Jelena Dobric assisted the client in accessing rehabilitation support and prepared extensive subjective material for the Court.

That material included evidence of:

• Prior good character
• Stable employment
• Insight and remorse
• Rehabilitation efforts
• Significant adversity overcome by the client

Appearing before Magistrate Williams at Penrith Local Court, Jelena Dobric made comprehensive submissions seeking that the Court exercise leniency and avoid recording a conviction.

The Court dealt with the matter under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), now known as a Conditional Release Order without conviction.

As a result:

• No criminal conviction was recorded
• The client protected her employment and future prospects
• The matter was resolved without the burden of a criminal record

Why this result matters: Even where guilt is admitted, strong subjective preparation and evidence of hardship, rehabilitation, and good character can lead to a no-conviction outcome.

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