In a complex recent case, we acted for a client charged with numerous offences including breaching bail, stealing, trespass, forging a driver’s license, selling liquor to a juvenile and three counts of aggravated criminal damage. Thoe damage charges, being the most serious, related to alleged racist graffiti damage upon a school and some property in a residential neighbourhood. The client had provided multiple police interviews with conflicting accounts. Further, there were several co-accused, some of whom were juveniles. The case against the client for the serious damage charges was weak and largely relied upon an inference being drawn from the accused’s proven presence at the school around the time the offences were committed.
We obtained the client’s police interviews and reviewed them in detail, as well as other evidence provided by the police. We presented a detailed plea offer submission to the police, outlining the evidentiary issues with the damage charges. Ultimately, after successful negotiations, we were able to secure an agreement to dismiss two of the damage charges. The third was amended to accessory after the fact, on the basis that the client drove the perpetrators of the graffiti away from the scene.
At sentencing, we presented a detailed plea in mitigation and provided numerous references and other materials to support our submission. The Magistrate was persuaded, despite the number and seriousness of the charges, to impose a fine and a spent conviction order for all charges. This excellent outcome means that the client, who is only at the very start of their working career, is not held back in their choice of career due to this unfortunate set of charges.