Out of Time Appeal Against Sentence – Successful, Acquitted

harass-phone-interventionOur client was charged with various breaches of an intervention order that were put in place between him and his ex-girlfriend. It was alleged that he had harassed her by telephoning and sending her text messages.

These offences were committed in breach of a Community Corrections Order and also in breach of a suspended sentence. Our client was represented by legal aid in the Magistrates’ Court and pleaded guilty in that court. He was sentenced to 4 months’ imprisonment.

When he came to us, he told us that he didn’t understand what had happened in the Magistrates’ Court and that he wanted to stay out of jail. He was out of time to appeal against his conviction.

We represented the client during the appeal at the Melbourne County Court.

Our appeal against sentence was successful and the charges against our client were dismissed.

We filed an application for leave to appeal against sentence out of time. We contacted his previous lawyers and swore an affidavit deposing to our contact with the client and how he conveyed his lack of understanding, to demonstrate that the Court should hear the appeal even though it was out of time. Once leave to appeal was granted, we subpoenaed the phone records of the ex-girlfriend to show that it was a two-sided affair.

After having discussions with the prosecution, they were convinced that it was not appropriate to proceed with the appeal. At the appeal, the prosecution tendered no evidence and our client was acquitted. Despite being sentenced to 4 months’ imprisonment, our client never had to set foot inside jail and walked away without a conviction to his name.


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013