YOUR RIGHTS
OUR PRIORITY

• Infantry Officer in the Army
• Senior Police Prosecutor, NSW Police Force, specialising in serious drug and aggravated break and enter offences
• Member of the Senior Advocates Group, handling complex, high-profile criminal matters
• Senior Associate at a top Sydney criminal law firm
• Principal Lawyer at own Sydney criminal defence firm
• Special Counsel, Brightstone Legal
• Participation in Legal Aid NSW Criminal Law Panel, Back Up Duty Scheme, Pro Bono Scheme, and NSW Law Society Mentoring Program

• Prosecuted hundreds of serious criminal matters as a senior police prosecutor, including high-profile cases
• Successfully managed complex criminal defence cases as Principal Lawyer, achieving favourable outcomes for clients
• Notable expertise in defended hearings, appeals, bail applications, sentencing, mental health applications, and annulment applications

Success Cases

W.CHEN

• ‍Case Background

Our client was charged with 3 drug supply offences relating to a “Dial a dealer” incident. The first charge related to the sale of prohibited drugs (Cannabis leaf) to a buyer, the second charge related to having a sizeable quantity of Cannabis leaf in his car with the intention to supply the prohibited drugs and the third charge related to recklessly dealing with proceeds of crime in relation to cash that was located in the vehicle.

• ‍Relevant Laws

The drug supply offences that our client was charged with are legislated under section 25(1) of the Drug Misuse and Trafficking Act 1985. These charges carry a maximum penalty of 10 years imprisonment if dealt with on indictment. The third charge of recklessly deal with proceeds of crime is legislated under section 193B(3) of the Crimes Act 1900 and also carries a maximum penalty of 10 years imprisonment if dealt with on indictment.

The maximum penalty for each of these charges indicate how seriously parliament views drug related offending.

• ‍Case Outcome

The client pleaded guilty to all charges. Special Counsel, Ernest Chan, appeared for our client at sentence and was able to obtain a fine of $2,000. This is an outstanding result given the seriousness of the offences and the maximum penalty for each charge.

X.LIU

• ‍Case Background

Our client was an international student charged with a domestic violence offence relating to Assault Occasioning Actual Bodily Harm. According to the police allegation, our client had engaged in a physical confrontation with the complainant, in turn causing injury to the complainant. As part of victim protection, police applied for an Apprehended Domestic Violence Order (ADVO).

• ‍Relevant Laws

Domestic violence is viewed extremely seriously by parliament and the court. Assault occasioning actual bodily harm carries a maximum penalty of 5 years imprisonment, making it a serious indictable offence.

Under section 4A of the Crimes (Sentencing Procedure) Act 1999, if a court finds a person guilty of a domestic violence offence, the court must impose a sentence of full-time detention, or a supervised order, unless the court is satisfied that a different sentencing option is more appropriate.

According to section 39 of the Crimes (Domestic and Personal Violence) Act 2007, a court must make a final apprehended violence order if a person pleads guilty to or is found guilty of a serious offence. An exception to this is if the court is satisfied that a final order is not required.

The default period for a Final ADVO is 2 years.

• ‍Case outcome

Upon detailed review of the evidence, representations were sent to the police with an offer to plea guilty to a lesser charge of Common Assault (maximum 2 years imprisonment) upon the withdrawal of the assault occasioning actual bodily harm charge.

Representations were ultimately accepted by the police and the matter proceeded to court for sentence. At sentence, the prosecution pushed for a Final ADVO for 2 years. Special Counsel, Ernest Chan, appeared for our client at sentence and was able to not only obtain a non-conviction for the criminal charge but convince the court that a Final ADVO was not required.

A non-conviction of the criminal charge coupled with the dismissal of the ADVO is a rare and amazing result. This is especially so given the seriousness of domestic violence as viewed by parliament and the courts and the subsequent sentencing outcomes in order to send a strong message of general and specific deterrence.

Z.ZHAO

• ‍‍Case Background

Our client was charged with one count of common assault in a domestic violence context. It was a strong prosecution cases as the complainant gave a contemporaneous version to police at the scene on bodyworn video and provided a Domestic Violence Evidence In Chief (DVEC) recording to police shortly after. As part of victim protection, police also applied for an Apprehended Domestic Violence Order (ADVO).

• ‍Relevant Laws

Domestic violence is viewed extremely seriously by parliament and the court. Common Assault carries a maximum penalty of 2 years imprisonment. According to section 4A of the Crimes (Sentencing Procedure) Act 1999, if a court finds a person guilty of a domestic violence offence, the court must impose a sentence of full-time detention, or a supervised order, unless the court is satisfied that a different sentencing option is more appropriate.

According to section 39 of the Crimes (Domestic and Personal Violence) Act 2007, a court must also make a final apprehended violence order if a person pleads guilty to or is found guilty of a serious offence. An exception to this is if the court is satisfied that a final order is not required.

The default period for a Final ADVO is 2 years.

• ‍Case Outcome

Special Counsel, Ernest Chan, had carriage of the matter and following a detailed review of the evidence, wrote representations to the police to withdraw the charge upon an agreement by our client to accept a lapsing order for a period of 3 months.

As a result of the representations, police accepted the defence offer and Ernest was able to obtain an outstanding result of having the criminal charge withdrawn and a lapsing ADVO in lieu of a Final ADVO.

• Bachelor of Media, Macquarie University
• Bachelor of Laws, Macquarie University
• Graduate Diploma of Legal Practice, College of Law (Distinction in Criminal Practice)
• Admitted to practice, Supreme Court of New South Wales, 2007
• Completed Advanced Advocacy Course, Prosecutor Team Leader Course, and Specialist Domestic Violence Prosecutor Course

Awards

• J.H. Milne Trophy Prepared Speech Competition
• Trainee Prosecutors Award Police Bank Prize for Academic Achievement
• NSW Police Medal for 10 years of dilligent and ethical service
• Commissioner of Police Emergency Commendation