DEFENCE WINS
RAISING THE BAR - BENJAMIN LEONARDO - THE DEFENDERS WIN IN THE HIGH COURT OF AUSTRALIA
To win a case in the High Court of Australia is a feat that many lawyers will only dream about. However, Sydney criminal defence and drug lawyers, Benjamin Goh and Leonardo Premutico from Benjamin Leonardo – The Defenders are far from dreamers. The highly regarded pair not only won their case in the nation’s highest Court but also managed to set a new legal precedent for individuals facing murder or manslaughter charges in connection with drug laboratories.
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.
DEFENCE STRATEGY
As the chosen criminal defence lawyers for IL, Benjamin and Leonardo 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.
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 Benjamin and Leonardo 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.
Are you facing criminal or traffic offences? For more information on Benjamin Leonardo – The Defenders and what we can achieve for you, do not hesitate to contact our professional and dedicated team on (02) 9283 3033 to schedule a consultation.