Criminal and Traffic Lawyers for Waverley Local Court

The Presiding Judge in Downing Centre District Court has overturned the Local Court's guilty verdict against our 34 year old client who under a 'suspended sentence'.

Our client pleaded guilty to Robbery In Company late last year and was placed on a 2 year 'suspended prison sentence'.

He was driving his car in Waverley a little over a month later when he was stopped for a random breath test.

While being tested, police observed a pair of latex gloves protruding from below the driver's seat.

Police asked him about the gloves and he allegedly did not give an adequate explanation.

Police say that our client appeared nervous, highly agitated and was sweating profusely.

They searched his car and located several additional items under and near the driver's seat, including a 30 cm flat screwdriver, a small torch and most significantly a 'skeleton key' typically used to open a variety of locks.

They arrested and charged our with:

'Possessing Housebreaking Implements' under section 114 of the Crimes Act', and

'Commit Section 114 Offence Having Previously Been Convicted of Indictable Offence' under section 115.

The law says that if a person is found in possession of items that are capable of being used as housebreaking implements, the onus then shifts to that person (ie to the defendant) to prove that the items were for lawful purposes.

Our client took the witness stand during his Defended Hearing in Waverley Local Court but - given that he was unemployed at the time - the Magistrate rejected his explanation that he used the items for electrical work.

However, on appeal the District Court Judge was persuaded that this was a reasonable possibility and overturned the Local Court Magistrate's decision.

This means that our client is not in breach of his suspended sentence and will not be sent to prison.

Over the past two-weeks, Sydney Criminal Lawyers® won all 7 of its Assault and AVO cases in various Local Courts.

Some cases involved charges of Assault Police, Assault Occasioning Actual Bodily Harm and Stalk / Intimidate.

They were successfully defended by our team in Downing Centre Local Court, Burwood Local Court, Parramatta Local Court and Waverley Local Court.

Waverley Local Court found our 32 year old Canadian client 'not guilty' of all assault charges and dismissed the AVO against him after finding there was insufficient evidence to prove that he assaulted his partner.

The result was obtained despite our client allegedly making admissions to the assaults during his police interview.

Sydney Criminal Lawyers® obtained 'Section 10's' (no convictions) in Waverley Local Court for our 25 year old Corrimal client who pleaded guilty to 'Intentionally or Recklessly Damage Property' and 'Unlawful Entry on Prescribed Lands'.

It is an excellent result because our client was convicted and sentenced in 2010 for 'mid range drink driving'.

He was represented by other lawyers at that time.

This is another example that 'Section 10's' can be achieved even if there are previous convictions.

In Waverley Local Court, Sydney Criminal Lawyers® obtained a 'Section 10' (no conviction or disqualification) for a 28 year old man who pleaded guilty to driving with ‘high range drink driving' (his blood alcohol reading was 0.218)