Facing Seven Criminal Charges and the Risk of Imprisonment
Our client was charged with seven separate criminal offences arising from a domestic dispute that escalated into a physical confrontation.
These included three counts of Intentionally Damage or Destroy Property under section 195(1)(a) of the Crimes Act 1900 (NSW), one count of Unlawful Entry on Inclosed Land under section 4(1)(b) of the Inclosed Lands Protection Act 1901 (NSW), one count of Common Assault under section 61 of the Crimes Act 1900 (NSW), and two counts of Hinder or Resist Police Officer in the Execution of Duty under section 60(1AA) of the Crimes Act 1900 (NSW).
Each of these charges carried significant penalties — including potential imprisonment. While the Local Court can impose a maximum of two years per charge, multiple sentences could have resulted in a much longer period of custody if the client had been convicted of all counts.
Given the nature and number of charges, the risk of imprisonment was high.
Legal Strategy: Narrowing the Case and Focusing the Defence
The client approached Australian Law Advocates two weeks before the scheduled hearing. He initially wished to defend all seven charges but sought advice on his chances of success.
After reviewing the brief of evidence, Ms Rodrigues identified the strongest and weakest aspects of the prosecution’s case. She provided the client with frank legal advice — some charges had little prospect of success, while others were worth contesting at hearing.
Based on that advice, the client decided to plead guilty to three charges — Intentionally Destroy or Damage Property, Resist or Hinder Police Officer in the Execution of Duty, and Unlawful Entry on Inclosed Land — and to defend the remaining four charges at hearing.
Hearing Day: Cross-Examination and Legal Argument
At the hearing in Burwood Local Court, Ms Rodrigues meticulously cross-examined the attending police officers and the complainant.
Her questioning exposed inconsistencies in the prosecution’s evidence and highlighted credibility issues in the complainant’s account.
Following submissions, the Magistrate found the client Not Guilty on three charges, while the fourth charge was withdrawn after legal issues were raised during the proceedings.
This meant that the client was acquitted of all defended charges and only sentenced for the three offences he voluntarily pleaded guilty to.
Sentencing Outcome: Convictions Without Further Penalty
During sentencing, Ms Rodrigues made strong submissions in mitigation. She noted that the client had sustained significant injuries during the incident and had immediately repaired the property damage the next day.
The Court took these factors into account when determining penalty.
The outcome was as follows:
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Intentionally Damage or Destroy Property: Convicted with no further penalty
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Unlawful Entry on Inclosed Land: Convicted and fined $300
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Hinder or Resist Police Officer: Convicted and placed on a Community Corrections Order for 12 months
Overall, the result meant that the client avoided imprisonment and was acquitted of the majority of the charges.
Tayla’s Insight
“This case shows how crucial it is to focus the defence strategy on the winnable issues. With thorough preparation and skilled cross-examination, even complex multi-charge matters involving domestic violence allegations can result in acquittals on the most serious counts.”
Understanding Domestic Violence Defence in NSW
Domestic violence cases in NSW often involve multiple overlapping charges, such as property damage, intimidation, and resisting arrest. These cases are highly fact-dependent, and outcomes can vary based on the credibility of witnesses and the context of the alleged offending. Skilled cross-examination, evidence analysis, and understanding of procedural safeguards under the Criminal Procedure Act 1986 (NSW) are essential to ensure that defendants are treated fairly. Our defence lawyers take a strategic approach to each case, focusing on uncovering inconsistencies and presenting evidence that demonstrates reasonable doubt or mitigates culpability.
Facing Domestic Violence or Police Resistance Charges?
If you or a loved one are facing domestic violence, resist police, or property damage charges, you should seek legal advice immediately.
Our experienced criminal defence team appears regularly in Burwood Local Court and across Sydney, achieving successful outcomes in complex domestic and assault matters.
📞 Call (02) 8067 8361 or book a free consultation to discuss your defence strategy and options.
