DeFENCE WINS
As a leading criminal law firm in Sydney, Essere has a wealth of experience in providing expert and practical legal advice to a range of criminal matters. With over 3800 cases in our portfolio and a 90% success rate, our team of professional and dedicated criminal and driving offence lawyers have worked on a variety of cases ranging from drug-related matters, domestic violence, assault, extortion, fraud, drink driving offences and even murder or manslaughter charges. See some of our recent successes and defence wins here!
CASE STUDY
SEXUAL ASSAULT CASE
As a leading criminal law firm in Sydney, Essere – The Defenders, are highly experienced in a range of criminal matters, including sexual assault. With years of practice and expertise, our team was able to achieve a successful result for our client in relation to charges of sexual assault.
For a consultation in regards to your matter, please contact our professional and dedicated team on (02) 9283 3033.
BRIEF OF EVIDENCE
Identified under the pseudonym Jake, the appellant was charged by Police with an offence of sexual assault and was initially refused bail as directed by the Police. As per his rights, Police gave Jake the ability to contact a lawyer who can attend court on his behalf and make an application for bail. Unfortunately, Jake’s initial lawyer was not experienced in sexual assault cases and Jake was refused bail by the Magistrate, which left him in custody for 6 months.
A relative of Jake then contacted Essere – The Defenders, in which our criminal defence and sexual assault lawyer, Leo Premutico took carriage of the matter.
A relative of Jake then contacted Essere – The Defenders, in which our criminal defence and sexual assault lawyer, Leo Premutico took carriage of the matter.
DEFENCE STRATEGY
Due to recent amendments relating to the Bail Act, individuals are only allowed one application for bail unless the person can satisfy the Court of one or more of the following:
(a) The person was not legally represented when the previous bail application was dealt with and the person now has legal representation, or
(b) Information relevant to the grant of bail is to be presented in the application that was not presented to the court in the previous application, or
(c) Circumstances relevant to the grant of bail have changed since the previous application was made.
As a leading criminal defence lawyer, Leo was able to successfully persuade the Magistrate that a second opportunity for an application for bail should be permitted, which allowed Jake to be granted bail.
Furthermore, an application for a committal hearing was made which requested the alleged victim to attend and give evidence. Typically, it is very rare that an alleged victim in a sexual assault is ordered to attend Court and give evidence at a committal hearing, however, this application was successful and imperative to help our client.
At the committal hearing, the alleged victim gave evidence and was cross-examined by Leo. Leo was able to demonstrate to the court that the alleged victim, in fact, lied to the Police and other witnesses. Once the alleged victim had completed her evidence, submissions were made to the Magistrate as to why Jake should be discharged.
(a) The person was not legally represented when the previous bail application was dealt with and the person now has legal representation, or
(b) Information relevant to the grant of bail is to be presented in the application that was not presented to the court in the previous application, or
(c) Circumstances relevant to the grant of bail have changed since the previous application was made.
As a leading criminal defence lawyer, Leo was able to successfully persuade the Magistrate that a second opportunity for an application for bail should be permitted, which allowed Jake to be granted bail.
Furthermore, an application for a committal hearing was made which requested the alleged victim to attend and give evidence. Typically, it is very rare that an alleged victim in a sexual assault is ordered to attend Court and give evidence at a committal hearing, however, this application was successful and imperative to help our client.
At the committal hearing, the alleged victim gave evidence and was cross-examined by Leo. Leo was able to demonstrate to the court that the alleged victim, in fact, lied to the Police and other witnesses. Once the alleged victim had completed her evidence, submissions were made to the Magistrate as to why Jake should be discharged.
OUTCOMES
The dedicated and thorough work of our criminal defence lawyer, Leo was able to achieve a successful outcome for our client Jake. After the committal hearing, Jake was discharged and did not have to face a trial. If the case did go to trial, Jake would have had his fate determined by a jury, in which the outcome may have been significantly different.
If you’re facing a criminal conviction such as sexual assault it is important you seek professional advice from an experienced sexual assault lawyers in Sydney. At Essere – The Defenders, we are proficient in a variety of traffic and criminal offences such as sexual assault, robbery, drug-related charges, drink driving offences and murder
If you’re facing a criminal conviction such as sexual assault it is important you seek professional advice from an experienced sexual assault lawyers in Sydney. At Essere – The Defenders, we are proficient in a variety of traffic and criminal offences such as sexual assault, robbery, drug-related charges, drink driving offences and murder
CASE STUDY
RAISING THE BAR: THE DEFENDERS WIN IN THE HIGH COURT OF AUSTRALIA
As a leading criminal law firm in Sydney, Essere – The Defenders, are highly experienced in a range of criminal matters, including sexual assault. With years of practice and expertise, our team was able to achieve a successful result for our client in relation to charges of sexual assault.
For a consultation in regards to your matter, please contact our professional and dedicated team on (02) 9283 3033.
BRIEF OF EVIDENCE
On January 4, 2013, in the early hours of the morning, a suburban Ryde based methamphetamine laboratory had exploded causing the house to go up in flames. Present in the home was a meth cook, who later died in hospital from the burns he sustained, along with our client, known only as IL, who was charged by police with the constructive murder of the deceased man.
Justice Hamill told the Courtroom that emergency services and investigators at the scene did not establish exactly what had initially caused the laboratory to explode, meaning that it could not be ruled out that the deceased did not intentionally kill himself.
Justice Hamill told the Courtroom that emergency services and investigators at the scene did not establish exactly what had initially caused the laboratory to explode, meaning that it could not be ruled out that the deceased did not intentionally kill himself.
DEFENCE STRATEGY
As the chosen criminal defence lawyers for IL, Essere – The Defenders successfully argued that our client could not legally face a murder charge as it is possible that the deceased had unintentionally caused the explosion himself leading to the fire that ultimately killed him.
In order for our client to be convicted of murder, the prosecution team must prove beyond reasonable doubt that the death of the victim was a result of a deliberate and intentional act undertaken by our client, and was not carried out in self-defence. Evidently, our successful argument did not implicate that our client was guilty of an intent to kill or wound the victim and therefore, our Sydney based criminal law firm was able to disprove a murder charge.
In order for our client to be convicted of murder, the prosecution team must prove beyond reasonable doubt that the death of the victim was a result of a deliberate and intentional act undertaken by our client, and was not carried out in self-defence. Evidently, our successful argument did not implicate that our client was guilty of an intent to kill or wound the victim and therefore, our Sydney based criminal law firm was able to disprove a murder charge.
OUTCOMES
As criminal defence lawyers with experience in drug-related charges, our preparation and expertise were able to exonerate our client from murder and even manslaughter charges which would have resulted in up to 25 years to life behind bars.
This was a highly successful result that has set a new legal precedent for those on trial for murder in connection with drug laboratories. In fact, the work of Essere – The Defenders resulted in the birth of a new ruling that has been dubbed the ‘Breaking Bad Defence’, after the popular television series. This landmark case will also see developments in the way the police prosecute individuals connected to drug laboratory deaths in the future.
This was a highly successful result that has set a new legal precedent for those on trial for murder in connection with drug laboratories. In fact, the work of Essere – The Defenders resulted in the birth of a new ruling that has been dubbed the ‘Breaking Bad Defence’, after the popular television series. This landmark case will also see developments in the way the police prosecute individuals connected to drug laboratory deaths in the future.
CASE STUDY
MEN ACQUITTED OF MURDER
As a leading criminal law firm in Sydney, Essere – The Defenders, are highly experienced in a range of criminal matters, including sexual assault. With years of practice and expertise, our team was able to achieve a successful result for our client in relation to charges of sexual assault.
For a consultation in regards to your matter, please contact our professional and dedicated team on (02) 9283 3033.
BRIEF OF EVIDENCE
In 2009, during the trial of Franco Michael Penza and Joshua Di Maria, the court heard that the pair went to Mr Minotte’s residence, already armed with a firearm, intending to steal cash and drugs that was concealed at the property. One of the accused openly admitted during his trial that the pair went to Mr Minotte’s property and used a sledgehammer and chisel to break open a laundry wall which concealed the money, a sum of at least $250,000 according to the son of the victim.
The accused further stated that Mr Minotte confronted the pair while pointing a gun at one of the appellants. During the confrontation, there was fear that Mr Minotte would shoot which resulted in a brick being thrown at the victim and led to the gun being fired.
It was also found that following to the confrontation which left Mr Minotte dead, Mr Di Maria travelled to various locations with his girlfriend, including Bangkok, Malaysia, Milan, Rome and Sicily in which the trips were paid for in cash. Upon his arrival in Australia in 2007, he was then arrested with the murder of Mr Minotte.
The crown prosecutor for the case had alleged that both of the accused men were involved in a “joint criminal enterprise” that involved them robbing the victim with a known possibility of the need to fire the weapon. The trial also found that the pair were guilty of murder in which they received a minimum sentence of 13 years and a maximum of 18 years in gaol.
The accused further stated that Mr Minotte confronted the pair while pointing a gun at one of the appellants. During the confrontation, there was fear that Mr Minotte would shoot which resulted in a brick being thrown at the victim and led to the gun being fired.
It was also found that following to the confrontation which left Mr Minotte dead, Mr Di Maria travelled to various locations with his girlfriend, including Bangkok, Malaysia, Milan, Rome and Sicily in which the trips were paid for in cash. Upon his arrival in Australia in 2007, he was then arrested with the murder of Mr Minotte.
The crown prosecutor for the case had alleged that both of the accused men were involved in a “joint criminal enterprise” that involved them robbing the victim with a known possibility of the need to fire the weapon. The trial also found that the pair were guilty of murder in which they received a minimum sentence of 13 years and a maximum of 18 years in gaol.
DEFENCE STRATEGY
After the initial trial, the two men appealed their convictions for several different reasons. As leading criminal defence lawyers, Essere – The Defenders, represented Penza and gave several reasons for their his apepal including an unreasonable verdict considering the evidence presented.
Another defence our Sydney based criminal law firm provided to the court to support their appeal was the fact the Judge had failed to give the jury a charge of ‘manslaughter by unlawful and dangerous act’ for the jury’s consideration.
Another defence our Sydney based criminal law firm provided to the court to support their appeal was the fact the Judge had failed to give the jury a charge of ‘manslaughter by unlawful and dangerous act’ for the jury’s consideration.
OUTCOMES
After hearing the appeals presented by our expert criminal defence lawyers, Essere – The Defenders successfully achieved outstanding results for their client. Justice Clifton Hoeben of the Court of Criminal Appeal stated that there was difficulty with the evidence presented about a range of factors including the weapon and bullet casings that were found on the floor of the house. Along with this, he stated that no evidence had been presented to show that either of the men had ever owned or had a gun prior to the incident, nor would they be able to procure such a weapon late in that night.
The Judge went on to state that the scenario was “consistent with innocence” in relation to the murder charge and that was supported by the evidence that was available. As a result, the appeals court found that there was not enough evidence that the two men had gone there with the premeditated idea of murdering the victim, but in fact, could very well have been confronted by the gun themselves which fired during a scuffle with the victim on 17 April 2006. This finding successfully exonerated the men of murder which was an extremely successful outcome for our criminal lawyers.
The Judge went on to state that the scenario was “consistent with innocence” in relation to the murder charge and that was supported by the evidence that was available. As a result, the appeals court found that there was not enough evidence that the two men had gone there with the premeditated idea of murdering the victim, but in fact, could very well have been confronted by the gun themselves which fired during a scuffle with the victim on 17 April 2006. This finding successfully exonerated the men of murder which was an extremely successful outcome for our criminal lawyers.
CASE STUDY
CLIENT KEEPS LICENCE AFTER BREACHING GOOD BEHAVIOUR LICENCE
As leading traffic lawyers in Sydney, Essere – The Defenders understand the impact a suspended or disqualified licence can have on one’s lifestyle. In fact, recently our driving offence solicitors successfully managed to save a client’s licence, which would happen to impact on his ability to work and look after his grandson, despite already having a ‘good behaviour’ licence in place.
This licence is available to unrestricted licence holders who have accumulated too many demerit points in a 3-year period which would typically result in a suspension period. However, a good behaviour licence allows individuals to continue to drive provided they do not accumulate an additional 2 demerit points.
For a consultation in regards to your matter, please contact our professional and dedicated team on (02) 9283 3033.
BRIEF OF EVIDENCE
Our client committed a speed camera detected offence which carried enough demerit points to breach his good behaviour licence. If the driver paid the fine, his driver’s licence would be suspended for a period of 6 months by the RMS.
DEFENCE STRATEGY
As Sydney based traffic lawyers with extensive experience in such cases, we know that Courts are normally not lenient with drivers who have committed an offence whilst on a good behaviour licence. However, with careful preparation and the obtainment of quality references, Essere – The Defenders were able to put a strong case before the Court requesting for the matter by way of section 10.
OUTCOMES
Our thorough preparation and expertise were able to convince the Local Court Magistrate that our client’s matter should be dealt with by the way of section 10 good behaviour bond. This meant that we successfully achieved the dismissal of the fine and its associated demerit points, whilst also ensuring our client did not lose his licence which allowed him to continue to work and take care of his grandson.
