We acted for a client in a long-running matter where the client was charged with three offences of breaching an FVRO. As a result of the three charges, if convicted the client was a ‘third striker’ under the Restraining Orders Act which meant that imprisonment must be imposed unless it was unjust to do so. Further, the client had 8 prior breaches of an FVRO which at the time of being charged with the new offences, also meant the client would be a third striker several times over.

We originally appeared on the matter in the Saturday court the day after the client was charged with the new offences. It was a difficult bail application given the multiple prior FVRO breaches, and the multiple new FVRO breaches, as well as other prior offending on the client’s record. After laying out the facts and anticipated deficiencies with the evidence in detail, the Magistrate was persuaded to grant the client bail. This was fortunate because as the matter had to be listed in an outer metropolitan Magistrates Court, it meant the client would have remained in custody for almost a year awaiting trial on the charges. This sentence was likely longer than any sentence that would have been imposed had the client been found guilty of the charges.

The matter was then adjourned to the outer metropolitan court and listed for trial about 10 months after the first mention date.

While awaiting trial we were successful in amending the client’s bail to allow the client to work at a remote site within the state.

Eventually, police provided full disclosure in relation to the charges. After a review, it was apparent that there was no case against the client for the most serious of the alleged breaches. This charge involved actual violence and was likely to result in the client receiving a custodial sentence. The other breaches were of a fairly benign nature and would warrant a fine. We liaised with the prosecution and were successful in obtaining agreement to discontinue the most serious breach if guilty pleas were entered to the other two charges.

At the time of the trial, due to the long delay the two year time limit on the client’s prior FVRO convictions had elapsed. This meant that these charges could no longer be counted when assessing if the client was a third striker. This, combined with the discontinuance of one of the three breach FVRO allegations, meant that the client’s position had changed and they were no longer a third striker.

At sentencing we were successful in arguing for a fine to be imposed. We also obtained a substantial costs award in relation to the discontinued charge.

This fantastic outcome meant that the client went from facing certain imprisonment, to receiving a fine, enabling the client to remain free over the Christmas period.