Spent convictions x 2 imposed in trespass and optical surveillance device case

In this case the firm acted for a client charged with trespass, and use of an optical surveillance device. The client had no criminal record and was of impeccable character.

The allegations related to an awkward situation involving the client accidentally entering the wrong bathroom at a shopping centre, and becoming stuck there upon realising their mistake. The client used their mobile phone briefly to try to determine if the coast was clear for the client to leave the bathroom. Unfortunately, upon doing so, the client’s phone was spotted by a patron entering the room, resulting in security being called. What followed was a protracted incident in which the security guard demanded the client’s phone, which was provided. The guard then went through the client’s phone, confirming there was no incriminating material on it, before handing it back to the client.

Upon receipt of the paperwork, we determined that there was no available defence to the charge. However, the facts as pleaded were not representative of what occurred, and made the client appear to have offended in a manner that was far more serious than had actually occurred.

We presented a detailed submission to the police, which culminated in the matter being resolved with a guilty plea on a set of amended facts.

At sentencing, we were able to persuade the Magistrate to impose spent convictions, given the client’s antecedents and their need for a clear record in the future. The client was very pleased with the outcome, which put an end to many weeks of stress for the client.

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