Griffith, NSW -- (ReleaseWire) -- 04/12/2016 -- When a person is served with a Court Attendance Notice it will generally be put on what is referred to as a list day. These are days in which a number of people who have been accused of various offenses will have to front up to Court and plead either guilty or not guilty. Other options can be to ask for an adjournment to seek legal advice without entering a plea or entering a plea of guilty and then having the matter put over for another sentence date. This could be to obtain references or to complete a court appointed task such as the completion of a traffic offenders program.

When pleading guilty it is important to be dressed for the occasion. A collared shirt and pressed slacks conveys a sense of respect for the court, that you are taking the matter seriously as well as contrition for what the person is pleading to. Have at least two references if possible which state that the author is aware that you are facing a particular charge and that the reference is to be used in the sentencing procedure. Be careful about tendering references which are not true. For example having a reference tendered their your criminal record will not carry much weight with the Magistrate. A reference which states they are aware that the accused has a number of previous convictions but the author has witnessed a turnaround in their attitude will have more impact.

The main two considerations that the Magistrate will have is general deterrence and subjective deterrence. The first concerns sending a message to the community that such offenses will not be tolerated and that people who commit these offenses will be punished. The second consideration involves the person themselves, doing something to stop this individual committing further offenses. Subjective considerations can include the persons background, education, criminal history and employment.

It is important to speak to a qualified criminal lawyer prior to pleading guilty to an offense as often police make mistakes. You could find yourself pleading guilty to an offense that the prosecution cannot prove or an offense which is more serious than what the facts show.

About Piers Blomfield
Piers Blomfield is the Principal Criminal Defence Lawyer at Blomfield Legal a criminal and traffic law firm in the Riverina area of New South Wales. Piers has nearly 20 years experience in criminal law as both a police officer, prosecutor and defence lawyer.

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Griffith, NSW -- (ReleaseWire) -- 04/07/2016 -- The onus is always on the prosecution to prove an offence, and this proof has a high threshold in beyond reasonable doubt. In recent months coinciding with the awareness of domestic violence and last year's Australian of the year Rosie Batty who said in her valedictory speech in January that family violence was an "epidemic". There has been a significant change as to how evidence is presented in the Local Court in domestic violence matters.

Domestic Violence Evidence In Chief

No longer does the alleged victim have to recant her evidence orally in court, it is now presented in a video form taken soon after the incident. This serves three purposes which assist the prosecution and as a former prosecutor I accepted these changes readily.

Firstly, it assists in achieving prima facie in the event of an unfavourable witness. It is an acknowledged fact that many people who are victims in these matters also love the perpetrator and are reluctant to give evidence against them. Prosecutors no longer have to persevere with an application under section 38 to cross examine their own witness.

Secondly the visceral element of these recordings cannot be understated. The sight of a woman shaking with fear, blood smeared on her face, children crying in the background is utterly compelling. I have watched Magistrates themselves shaking, moved visibly as they watched these recordings before casting a scornful eye over my client.

Thirdly there is a great reluctance now on behalf of the legal profession who represent the accused in these matters to run matters to hearing. The impact of these recordings has tilted the balance well and truly towards the prosecution.

This coupled with the awareness of domestic violence and the need to see it as a serious offence, for which it is, has made defending such offences all the more onerous. My concern largely rests with what I see as the decision makers in these hearings, being too swayed by the emotional element and not examining the evidence.

Domestic Violence in Context

What I have noticed is that not all domestic violence occurs in a clear linear pattern. There is often abuse and violence of varying degrees in some of these matters between both the parties. When the police arrive they are often forced to pick a side and run with it. The often quoted reason repeated in police stations across New South Wales is that you go with the person who has the injury.

While the author acknowledges the absolute seriousness of domestic violence, the assistance provided to police in prosecuting these matters and the general paradigm of skepticism from the bench when defendant's in these matters are giving evidence is concerning.

While it has to be accepted that domestic violence matters have to be taken more seriously it should not be at the expense of the people charged. They have a right to a fair hearing. A hearing in which their evidence is weighed up given the full context of the relationship.

What I see is Magistrates more than ever willing to convict based purely on the evidence of one person against another. The threshold for the prosecution to reach beyond reasonable doubt is a high one and this should not be diminished on the basis that domestic violence has become a focal point in our society.

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Tell me how?

Griffith, NSW -- (SBWIRE) -- 04/04/2016 -- How to beat a drink driving charge

How do you beat a drink driving charge? This is perhaps the question that I get asked the most about. Firstly what you have to understand is that the person charged with a drink driving offence is being charged with having a specific amount of alcohol in their blood at the time of driving. The police will have a certificate that indicates a certain presence of alcohol however this will occur at a time after they were driving.

As an example, a man gets stopped by the police and submits to a road side breath analysis at 7.30pm. He fails this road-side test and is then conveyed to the police station where, 30 minutes later at 8pm he receives a reading of .057. This is only indicative of his blood alcohol level 30 minutes after driving. The man is being prosecuted and the police have to prove that at the time of driving he was within the low range concentration of alcohol.

If one can accept that a persons blood alcohol reading can rise in the minutes after drinking it is possible that a person who records a blood alcohol reading of .057 at 8pm could have only had a blood alcohol reading of .046 at 7.30pm. It is the 7.30pm time in which the man is being prosecuted for.

To beat this drink driving charge you will need to show that the driver had consumed alcohol very shortly before driving. The defence will rely on the police reading at 8pm and provide an expert certificate consistent with s79 of the Evidence Act (1995) which shows the reading to be under .050. If this occurs the police will not be able to prove beyond reasonable doubt that the man was driving with a reading above .050.

There are other ways to beat drink driving charges. Call in or make an appointment at the Griffith Traffic Lawyer office of Blomfield Legal.

Piers Blomfield

http://www.blomfieldlegalcom.au
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