Spent convictions imposed for 3 x Breach FVRO; assault; breach data access order
Our client came to the firm facing a multitude of charges arising from an acrimonious relationship breakdown with his ex-partner. Some of those arose due to an ongoing family court dispute over their son. The client was initially remanded in custody having had bail refused after an unsuccessful bail application by another firm. This was so despite the fact that several of the charges against our client had been dropped because they were fabricated by the client’s ex partner. We presented a persuasive application for bail, and were successful in having the client released to bail. Following on from that, we had the various charges listed for a 3 day trial in the Magistrates Court.
Throughout our trial preparations, it was apparent that the client had committed some of the offences, but was not willing to admit to others. In particular, there was an allegation of strangulation which was clearly false. The client’s main concern was having a conviction recorded. Further, the client had spent a considerable period of time in custody and this would have a significant impact on the sentence ultimately imposed.
We engaged in successful negotiations with the police, resulting in the strangulation charge being dropped. The client pleaded guilty to the remaining charges. At sentencing, we successfully argued for spent convictions to be imposed on all charges. This was on the basis of the lengthy period of time spent in custody, and the client’s otherwise unblemished record. This was an excellent outcome for the client who was able to leave this difficult situation with their clean record intact.