Possess Controlled Weapon, Breach of Suspended Sentence – Appeal
Client was charged with possession of a controlled weapon, namely a 15cm knife. This offending breached a one month suspended sentence. The magistrate on the weapons charge convicted and fined him $300. The suspended sentence was restored, meaning the client had to serve one month in custody. An appeal against sentence was lodged.
The client was a person who suffered from an intellectual disability. The Judge heard submissions in relation to his disability, and personal circumstances. The Judge was satisfied that exceptional circumstances existed. The Judge made no further order at all. The client was not required to pay any fine, or serve the term of imprisonment.
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
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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