AVO- what you need to know What is an AVO? It is Apprehended Violence Order made to protect a person who fears for his/her or childs own safety from violence, intimidation, or harassment. It is an order made by the Court to restrict the offender from future contact with the victim. You are in need of protection, then options are available. Violence need not be physical assault. It can me in many other forms like: Harassment (in person or electronically)IntimidationPsychological abuseStalkingSexual abuseObsessive...
Why do wealthy people shoplift?Yesterday, a client told me she stole an $8 jar of olives from Whole Foods and we discussed it. It’s not that she can’t afford it. She’s an heiress. It’s not that she’s selfish. She says she gives generously to charity. She claims to usually be ethical and stresses that with her children. So why did she steal it? indeed she admitted that she shoplifts whenever she feels there’s little risk of getting caught. Here are paraphrases of her reasons and, when I asked for a...
By Yavin Kumar @ Sydney Criminal Defence lawyersDomestic violence can happen to anyone in any household, and can also occur in many forms and circumstances. In most cases, domestic violence results from an abuse of power or control from one person over another, which can result in horrific patterns involving violence, ongoing abuse, and intimidation which causes the victim to fear for their safety and wellbeing. Domestic violence does not necessarily have to involve physical abuse – in many instances,...
Fairfield Local Court – Our client was a father of two charged with indecent assault following a complaint made by a salesperson visiting him at home. Confident of our client’s innocence, and in the absence of any independent evidence to the contrary, we maintained a...
Our client was a young woman from Sydney charged with Supply Prohibited Drug after picking up some of her brother’s clothes to return to him. We negotiated vigorously with the prosecution up to the date of trial and persuaded them to withdraw the charge.
Downing Centre Local Court – March 2016Our client was a young disadvantaged man of Aboriginal background with a history of drug use and physical abuse, whose matter was referred to us by Legal Aid. He was due to be sentenced for a violent breach of AVO and common assault against his ex-partner, as well as some drugs and property offences. Despite the common law presumption that our client should be sent to jail for violent breach of an AVO, we persuaded to magistrate to adopt a more lenient course, citing our...
Downing Centre Local Court – January 2016Our client was a middle-aged professional woman charged with assault after she violently lashed out at security staff after her partner was ejected from licensed premises in the Sydney CBD. Despite the dramatic nature of the police facts, we were able to persuade the magistrate to deal with her matter without conviction, placing her on a good behaviour bond. This had obviously positive implications for our client maintaining her professional career.
Campbelltown Local Court – February 2016Our client was a retained firefighter charged with a string of offences arising from an allegation that he broke into a fire station, took the truck for a joyride, and crashed it into the station upon returning it. His matter was referred to us on a grant from Legal Aid. Originally to be dealt with at trial in the District Court, we persuaded the DPP to relinquish the matter to NSW Police to prosecute in the Local Court, where the maximum penalties are 2 years’ jail only....
Liverpool and Parramatta Local Courts – March 2016Our client was charged with dangerous driving occasioning grievous bodily harm, after his ex-partner jumped from his moving car following an argument they had, suffering brain damage. His matter was referred to us on a grant from Legal Aid. Our client was found guilty on the basis that his continuing to drive after his ex opened the door to the car, took her seatbelt and said she would jump out, fell below the minimum standards of care expected of a driver to the...
Waverley Local Court – March 2016Our client was a young labourer from the north coast charged with choking and common assault in relation to his partner. On the basis of significant inconsistencies in the partner’s version of events, we negotiated with the prosecution offering to plead to the common assault in exchange for dropping the choking, an offence which carries a maximum 10 years’ imprisonment in the District Court. The prosecution accepted the offer on the day of hearing, and our client received a small...
Mt Druitt Local Court – February 2016Our client was charged with taking his ex-partner’s car without her consent. His matter was referred to us on a grant from Legal Aid. He had previously served sentences of imprisonment for traffic offences. Despite instructing us to plead not guilty, our client was in Melbourne at the time of the hearing, and he had applied to vacate the hearing date on two previous occasions. The magistrate refused to grant an adjournment, and convicted our client in his absence. Despite...