Representations and Charge Negotiations

Our client was charged with a strictly indictable offence of aggravated robbery carrying a maximum imprisonment term of 20 years. Being a strictly indictable matter, this meant that the matter had to be committed to the District Court for sentence or trial.

Further, there is a body of law that provides where a person is charged with an aggravated robbery, in most cases only a sentence of full term imprisonment is appropriate. In other words, there was a real possibility our client, who had no previous criminal record, could be sentenced to gaol.

After carefully examining the brief of evidence and seeking instructions from our client, the solicitor with carriage of this matter formed the view that our client’s conduct did not amount an aggravated robbery offence but rather his actions constituted the lesser charges of assault and steal from person (matters which could be dealt with in the Local Court).

The client did not dispute there had been a fight or that he had taken money from the victim but vehemently denied having assaulted the victim for the purpose of robbing him. He instructed there had been a fight and the money had fallen from the victim’s pocket. Afterwards, he simply picked it up.

Our solicitor made extensive written representations to the Director of Public Prosecutions pointing out the deficiencies in the Brief and why our client’s version (he gave a record of interview to police) should be accepted.

The Director of Public Prosecutions accepted our representations and withdrew the aggravated robbery charge on the basis that our client pleaded guilty to a steal from person charge and an assault charge. The matters were finalised in the Local Court with the client receiving section 9 bonds.

Our client was a Singaporean National, who travelled to Australia to work as a courier of ‘very valuable goods’.

What he didn’t know was that the Australian Federal Police were conducting an operation for his apprehension.

He was approached by undercover police at Lidcombe in Sydney, searched and was found to have in his possession of 1.8 million dollars in cash. He was charged with ‘Recklessly Dealing with Proceeds of Crime’, under the Commonwealth Laws.

This carried a maximum term of 12 years imprisonment. Adam of our office argued the case with the Commonwealth DPP, submitting that the prosecution did not have a shred of evidence that the money was actually ‘the proceeds of crime’.

After a difficult time convincing the prosecution, they finally agreed to reduce the charge to “dealing with property suspected of being proceeds of crime’, a much less serious charge.

The case proceeded to sentence before Judge Soloman at Sydney District Court. Our client received a sentence of 9 months non parole. At that stage he had already served 7 months of his sentence, and was released 2 months after.

A terrific result for our client. He is back with his wife and three kids in Singapore.