Criminal Lawyers Gosford

Recent cases at Gosford Local & District Court

• Sexual Assault Charges Dropped Within Weeks

  Astor Legal successfully had another client’s sexual assault charges withdrawn at an early stage following negotiations with the Director of Public Prosecutions (DPP).

  Our client is a 38-year-old engineer who was in the midst of a messy divorce and separation from his wife. There had been ongoing issues for some time.

  Ostensibly to gain the upper hand in family law proceedings, his wife fabricated a number of sexual assault allegations against him. Police arrested him and bail refused him. They also applied for an AVO which prevented him from contacting his wife or his children.

  Our client initially retained another law firm and was refused bail in the Local Court. After he retained us we made a successful Supreme Court bail application. This required offering an onerous ankle monitoring condition, daily reporting, the surrender of a passport and a surety to surrender $50,000 to the court.

  Following his release, we began preparing representations to the DPP for the withdrawal of the case.

  Central to this was highlighting that our client’s wife had obtained legal advice from a family lawyer shortly before making the complaint to police. We were also able to subpoena text messages and phone records. These painted a story that was in stark contrast to the wife’s version. Importantly, there was no complaint of sexual assault in the text messages.

  Within weeks we were able to file the representations with the DPP while the case was still in at Godford Local Court, using our proven formula for how to get sexual assault charges dropped.

  Ultimately, on the next court date the DPP chose to withdraw all charges against our client. Shortly afterwards we were also able to get the AVO dropped.

  As a result of our efforts, our client is now free to spend time with his children without any restrictions.

• AVO Withdrawn After Retraction Statement

  Astor Legal recently represented a client in an Apprehended Violence Order (AVO) matter where his parents were the Persons in Need of Protection (PINOPs).

  Our client’s mother called police while our client was having a mental health episode. When police arrived they were quick to apply for an AVO against our client for the protection of his mother.

  Our client approached us days before the first appearance at Gosford Local Court. He explained that his mother did not want the AVO to be in place.

  We commenced working on the case. First, we arranged for our client’s mother to obtain independent legal advice and prepare a statement supporting the AVO being withdrawn. She also set out that the Defendant is not a violent or aggressive person and does not pose a threat to her safety.

  Further, we had our client commence psychological treatment with a detailed treatment plan for the next 12 months. The PINOP confirmed that her primary concern was the Defendant’s mental well-being rather than any fear for her safety.

  We then drafted representations that highlighted a number of issues with the Prosecution’s case. These included that the PINOP did not provide a written statement to the Police, as required by the Local Court Practice Note No. 2 of 2012. We also highlights the relevant factors under Section 16 of the Crimes (Domestic and Personal Violence) Act 2007.

  Ultimately, the police accepted our representations and agreed to withdraw the AVO.

  This outcome allowed our client to avoid an ADVO, resume their normal life, and focus on addressing personal issues.

• Section 10 for Drive While Suspended & Mid-Range PCA

  Astor Legal recently represented a client at the Gosford District Court in a Severity Appeal for mid-range PCA and driving whilst suspended.

  Our client had another Gosford law firm appear for him in the Local Court and was unhappy with the representation and result he received there. He came to us seeking a clear plan for how we intended to overturn the convictions.

  Our team meticulously prepared for the case. This involved amending the subjective material he had prepared in the Local Court so it could better address the relevant sentencing factors under the Crimes (Sentencing Procedure) Act 1999. Rather than character references and an apology letter, we obtained affidavits so that the evidence was sworn and carried more weight.

  We also obtained letters from the client’s doctor setting out medical conditions which meant he had a greater need for his drivers licence than the ordinary person, as well as his employment contract which addressed his need for a licence.

  The prosecutor strongly opposed the matter being dealt with by way of a non-conviction, citing the multiple offences and our client’s less than exemplary traffic record. Despite this, our Gosford drink driving lawyers were able to argue that our client’s strong need for a licence, completion of the traffic offenders program and personal circumstances outweighed the need for a conviction to be imposed.

  In the result, the Judge was persuaded to impose no conviction, allowing our client to walk away with a clean criminal record.

• No Criminal Charges for $300,000 Fraud Against Employer

  Our client was a financial controller with a large corporation. Her role allowed her to have access to the company’s accounts. She was also responsible for payment of the expenses and invoices.

  In the course of her employment, she transferred $300,000 to herself and her partner. She labelled these transfers as payments for expenses and invoices the company received.

  After some time, the company became aware of this and confronted her.

  Regrettably, the client did not come to us at this time and agreed to an interview with the company. During the interview, she made full admissions. It was only after she spoke to us some days later that we could explain that the interview provided the company with evidence against her they would not have otherwise.

  Given there was no prospect of defending the matter, our client was ceratian that the company would make a police complaint a she would face a significant jail sentence. However, we took a different view.

  We contacted the company on behalf of our client and sought a settlement deed of release. The conditions of the deed were that there would be no report of the matter to police or disclosure to any third parties. We included non-disparagement and confidentiality clauses to the deed which covered our client’s interests.

  We were able to limit the amount of money to only what she had taken plus legal costs. Ultimately, the deed was negotiated and signed in less than a month with no police involvement.

  Our client is able to continue her life without any criminal charges against her or her partner.