Case facts
Our client was charged with the offence of being armed with intent to commit an indictable offence. It was alleged that our client threatened a person with a knife. This is a serious offence which carries a maximum of seven years imprisonment, however Local Court penalties can be applied providing neither party elects for the matter to be dealt with on indictment in the District Court.
Our client pleaded not guilty and his matter was listed for a defended hearing at the Downing Centre Local Court.
Case result
Upon conviction, a person could expect to be sentenced to full time imprisonment or a direct alternative to imprisonment such as a suspended sentence, periodic detention or similar. On the day of the hearing, police withdrew the charge of armed with intent to commit indictable offence. The police accepted a plea of guilty to a far less serious charge of common assault. We subsequently appeared before the court for sentence. The presiding magistrate accepted our submissions as to our client’s remorse and prospects for rehabilitation. The court only imposed a good behaviour bond.
Our client was extremely pleased with this outcome.
Nyman Gibson Miralis provides expert advice and representation in all areas of criminal law.
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