Our client was 41 years of age. She is a single mother working two jobs to support herself and her child. She was charged with two counts of assault occasioning actual bodily harm arising from two separate, albeit similar exchanges between herself and LK in the preceding two years. On one occasion, she and LK engaged in a heated verbal exchange. During this exchange, our client grabbed LK by the arm and pulled LK into a bedroom. Our client proceeded to confiscate LK’s mobile phone. LK attempted to recover the mobile phone, however, has fallen towards our client and caused both parties to fall to the ground. Whilst on the ground, our client then used her fingernails to scratch LK’s calf. On another occasion, our client and LK again were involved in a heated verbal exchange. During this exchange, LK made several derogatory comments towards our client. Our client has responded by slapping LK once on the nose causing LK’s nose to bleed. Immediately after being charged with the offences, our client contacted Lamont Law, where she spoke with our criminal defence solicitor, Joanna. She provided us with a significant history of mental health issues exacerbated by her personal circumstances around the time of the offending conduct. She enquired as to the availability of an application pursuant to s 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (‘the Act’) to her matter. After hearing a comprehensive history of our client’s mental health condition, Joanna explained the steps we needed to take to increase the prospects of a successful s 14 application. Joanna immediately consulted with her treating psychologist to prepare a report corroborating her history of mental health issues. Prior to attending Court, Joanna prepared comprehensive written submissions in support of the application, setting out our client’s complex mental health history, her compelling subjective circumstances, and advocated for an order to be under pursuant to s 14 of the Act. We appeared at Sutherland Local Court, where Joanna advocated that the charges be dismissed, and our client be diverted into the care of her mental health practitioner for a period of twelve (12) months. A treatment plan was devised requiring that our client continue to engage in psychological counselling on a weekly basis, undertake cognitive behavioural therapy in order to address her underlying mental health issues, and to comply with the directions of the psychologist. The Magistrate accepted the submissions made by Joanna when determining the appropriate penalty for our client. His Honour accepted that our client presented with a complex mental health history and that her mental health was in serious decline around the time of the offences. It became clear that our client was well engaged with her psychologist and that she had made significant treatment gains since the time of the offences. Our client’s charges were dismissed, and she was diverted into the care of her psychologist for a period of twelve (12) months to comply with the treatment plan. This meant that our client not only avoided a criminal conviction, but she was also afforded with the opportunity to continue her rehabilitation in a structured manner.

Joanna

Result achieved by

Joanna Pasternak

Solicitor · Lamont Law

Joanna obtained her degrees in Law and International Studies from Macquarie University. Following her undergraduate studies, she completed her Practical Legal Training under the guidance of seasoned professionals. Joanna was admitted to practice law in the Supreme Court of New South Wales in August 2020, and is a registered member of the New South Wales Law Society.

Other Results

Joanna Pasternak

@Gosford Local Court

Not Guilty – Negligent Driving Occasioning Grievous Bodily Harm

Negligent Driving Occasioning Grievous Bodily Harm carries a maximum penalty of 9 months imprisonment, a $2,200 fine, and an automatic disqualification of 3 years (reducible to 12 months) in NSW. This offence applies when a driver causes serious injury to another person by driving without the due care and attention expected on the road. Our client was charged following a traffic incident in which another person sustained significant injuries. The matter proceeded to a defended hearing in the Local Court. After careful preparation and contested evidence, the court found our client not guilty, avoiding both a conviction and a mandatory disqualification period.

Joanna Pasternak

@Parramatta Local Court

Charges Downgraded and Dismissed Under Section 14 Mental Health Application

Our 38-year-old client, a mother supporting her family overseas, faced criminal charges following an incident after a family gathering in north-western Sydney. Following a pleasant retreat in the Blue Mountains, she drove her family to her parents’ home. While enjoying tea, an argument erupted between our client and her mother over inappropriate language use in front of her child. The confrontation escalated when her mother attempted to take the child from her arms, prompting our client to push her mother away gently with her forearm.

The situation intensified, with allegations that our client kicked her husband more than 50 times, resulting in a minor injury, before he retaliated. After calling emergency services to report her husband’s conduct, she was arrested and charged with common assault and assault occasioning actual bodily harm.

Upon contacting Lamont Law, our client conveyed her version of events and disputed the charges. Notably, she had a significant mental health history exacerbated by her circumstances at the time. Our solicitor, Joanna, guided her through the process of amending the charges and prepared representations to the police, resulting in the serious charge being downgraded.
At Parramatta Local Court, Joanna argued for dismissal of the charges and proposed a twelve-month diversion to mental health care, including psychological counselling and cognitive behavioural therapy. The court accepted these submissions, dismissing the charges and allowing our client to pursue structured rehabilitation, avoiding a criminal conviction.

Joanna Pasternak

@Hornsby Local Court

Prison Avoided - High Range PCA

Our 43-year-old client was charged with driving with a high-range prescribed concentration of alcohol (PCA) after a distressing incident. While at home, she consumed a bottle of wine and engaged in self-harming behaviour, causing significant injuries to her forearms. She decided to drive herself to the Emergency Room for treatment. While driving out of her apartment complex’s basement, she collided with a storage cage and a stone barrier, stopping against the building’s exterior wall. Witnesses aided her, and emergency services soon arrived. A roadside breath analysis revealed a BAC of 0.294, significantly above the legal limit of 0.05 for unrestricted licence holders in NSW.
After being charged, our client contacted Lamont Law and spoke with criminal defence solicitor Joanna. She disclosed her history of alcohol abuse, self-harm, and mental health decline. Our client pleaded guilty and was concerned about the possibility of imprisonment, though she had since completed an alcohol detox program and was engaged in ongoing rehabilitation.
Joanna worked with her client’s healthcare providers to prepare a psychological report detailing her alcohol abuse history and mental health challenges. In court, Joanna emphasized her client’s rehabilitation progress, remorse, and participation in the Traffic Offenders Intervention Program, advocating for a non-custodial sentence.
The court accepted Joanna’s submissions, sentencing our client to an 18-month Intensive Corrections Order with mandatory rehabilitation. Her driver’s licence was disqualified for nine months, and she was placed in a 48-month interlock program, much to her relief.

Joanna Pasternak

@Hornsby Local Court

Not Guilty - Contravene ADVO

Our 57-year-old client, self-employed, was charged with contravening an apprehended domestic violence order (ADVO) after an incident involving his brother and nephew. Following a family dispute, an ADVO was imposed, and a few months later, our client was accused of following his brother and nephew while driving through West Gosford. Unaware of their presence, he was on his way to a Bunnings store for business purposes. His brother and nephew, however, claimed he was knowingly breaching the ADVO by following them.

After his arrest, our client sought legal representation from Lamont Law and provided a detailed account of his actions on the day. He explained that he was unaware of their presence and was simply traveling through a major thoroughfare to his destination. Joanna, his criminal defence solicitor, explained that for the charge to hold, the prosecution must prove beyond reasonable doubt that our client knowingly breached the ADVO, which was not the case here.

At the hearing in Hornsby Local Court, video evidence provided by the nephew showed our client driving at a normal speed, maintaining a significant distance, and making no suggestive movements of following. During cross-examination, Joanna highlighted the absence of proof that he was aware of their presence or that he was trying to follow them. His Honour ultimately accepted Joanna’s submissions, ruling that the prosecution failed to prove our client knowingly breached the ADVO, leading to his acquittal.