Our client came to us in an extremely distressing situation after contacting police as the victim of an assault. They instead found themselves charged with domestic violence offences.
Each charge carried a maximum penalty of up to two years imprisonment. Beyond the immediate legal consequences, the stakes were even higher: a conviction would have placed the client’s professional registration, and therefore their career, at serious risk.
Turning the Case Around
Mr. Samuel Oakley assumed carriage of the matter after it had already been handled by another solicitor, who had advised the client to plead guilty. Upon reviewing the file, it became clear that this advice failed to properly consider critical evidence and the broader circumstances.
Sam immediately implemented a strategic defence approach.
Through the targeted issuing of subpoenas for production, he obtained crucial material that had not previously been considered. This evidence clearly supported our client’s account and confirmed that they were, in fact, the victim in the incident.
Exposing Flaws in the Prosecution Case
Armed with this new evidence, Sam prepared and submitted detailed representations to police. These representations highlighted significant weaknesses in the prosecution case, including inconsistencies and the failure to properly assess the available evidence.
The impact was decisive.
The Outcome
On the hearing date:
- All charges were formally withdrawn and dismissed
- The associated ADVO was also withdrawn
- Our client received no conviction
- Given the flaws in how Police acted from the outset, Mr Oakley made an application to the presiding Magistrate to have the legal fees of our client repaid by Police. Mr Oakley was able to point to the deficiencies in how Police had investigated the matter. The Magistrate ultimately agreed with Mr Oakley and made an order for Police to repay the legal fees incurred by our client.
A Life and Career Preserved
This outcome ensured that our client avoided any criminal record, protected their professional standing, and suffered no financial loss.
What began as a deeply concerning situation, with the real possibility of imprisonment and losing their career, was resolved through careful strategy, thorough investigation, and strong advocacy.
