The client was originally represented by another criminal defence law firm. He was unhappy with their efforts and was facing sentence in the Local court after a hearing that lasted over several days. At the sentencing proceedings, he was convicted and sentenced to imprisonment by way of a section 12 suspended prison sentence for 18 months and ordered to pay compensation of $66,000
The conviction appeal took place in the Sydney District Court. We were able to demonstrate that the poor business systems in place meant that other persons besides the accused could have been in a position to commit the fraud. The client maintained his innocence and was vindicated. We were also able to demonstrate that it was impossible for the client to have committed the offence as he was overseas on one of the dates when money went missing. Opportunity existed for other workers to commit the offence however there was a failure to investigate the possibility of other persons being responsible for the offence. Conviction overturned; prosecution ordered to pay client’s legal costs under the Costs In Criminal Cases Act including the costs of the Local Court hearing. The Orders of the Local Court were quashed.