Liverpool Local Court
Represented by solicitor and accredited criminal law specialist
Case Facts: Our client was charged with hindering police whilst they were in the execution of duty. Our client was out with his friend when they were both refused entry to a hotel. The friend decided to drive home and whilst he was driving he was stopped by police for a RBT. He was arrested and was to be taken back to the local police station to be subjected to a breath analysis.
At this time our client was told that his friend would be arrested and that our client had to find his own way home. Our client insisted that he was going to accompany his friend and the police back to the police station and find his own way home from there. His concern was he was not a local and was in an unfamiliar area. The police explained to him that he could not go with them and eventually a melee broke out between our client and the police when our client tried to force his way into the police car.
Our client initially pleaded not guilty before we were instructed and then failed to appear at court. He was convicted in his absence and ultimately had the conviction annulled the matter was then set down for hearing and on the day of hearing again our client did not appear due to illness. The matter was adjourned again and it was during this adjournment period that our lawyer engaged in negotiations with the police so that an amended set of facts would be accepted. The client was willing to plead guilty to the amended facts. Our client then landed a 6 month contract to work in the mines and could not return to court for the sentence. Our lawyer had the matter dealt with in his absence.
Case Result: Despite the history of the matter and the absence of our client on the sentence hearing our lawyer still managed to persuade the court that in the circumstances the matter should be dismissed without the court recording a conviction. This was an excellent result and exactly what our client wanted given he was planning to apply for permanent residency and a conviction would have affected such an application.