Our client appeared before the Court charged with threaten to distribute intimate image without consent (domestic violence related), a serious offence under New South Wales law.

This offence is treated seriously by the Courts and carries a maximum penalty in the Local Court of 2 years imprisonment and/or a fine of $5,500, or 3 years imprisonment and/or an $11,000 fine in the District Court.

The allegation arose in unusual personal circumstances and was said to have occurred in a domestic context. Our client was a 72-year-old woman with a history of gainful employment in the NDIS sector, strong ties to the Southern Highlands community, and no prior criminal record.

She was deeply concerned about the impact a criminal conviction would have on her reputation, standing in the community, and future opportunities.

When our client engaged Lamont Law solicitor Jelena Dobric, she was provided with clear and realistic advice regarding the seriousness of the charge and the possibility of a conviction. At the same time, Jelena Dobric advised that every effort would be made to prepare the strongest possible case for leniency.

To place the client in the best possible position before sentence, Jelena Dobric assisted in preparing:

  • A detailed affidavit
  • Character references
  • A letter of remorse
  • Material outlining the client’s background and prior good character

Appearing before Magistrate D Degnan at Moss Vale Local Court, Jelena Dobric made detailed submissions seeking that the Court deal with the offence without recording a conviction.

After considering the material and submissions, the Court dealt with the offence 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.

Why this result matters: Even serious domestic violence related charges can, in the right circumstances, be dealt with without conviction where strong preparation, remorse, and persuasive advocacy are presented to the Court.

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

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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