Francis Caesar Devine, Senior Associate, recently finalised a matter involving complex and serious charges. The brief of evidence was extensive and complicated, with over 2,200 pages across 6 volumes of binder folders.
Further, Police initially referred the matter to the DPP to be dealt with on indictment in the District Court, and the certified charges included a strictly indictable charge, which meant our client’s matter had to be finalised in the District Court.
However, during the case conference with the Crown, Mr Devine successfully negotiated that our client plea guilty to the lesser charge of ‘recklessly deal with proceeds of crime’ on agreed facts favourable to our client and the matter be finalised summarily in the Local Court.
The significance of finalising the matter in the Local Court is that the worst case scenario is two years imprisonment, instead of the ten years imprisonment if finalised in the District Court.
Leading up to the sentence hearing, Mr Devine obtained evidence and meticulously prepared a tender bundle to present our client’s subjective case in the best light possible to the Court. During the sentence hearing in the Local Court, Mr Devine tendered detailed written submissions arguing why it was appropriate not to record a conviction in all the circumstances.
While her Honour considered the submission to be a ‘bold submission’, she ultimately acceded and placed our client on a conditional release order for two years without recording a conviction. Had a conviction been recorded, our client’s entire career would have ended.
