Intimidate Witness - Threaten Witness - not guilty plea - defended hearing - Downing Centre Local Court - section 10 dismissal - good behaviour bond - stalk and intimidate

Published 24 Oct 2011

Case Study –

Criminal Lawyers Sydney and Parramatta Offices 

Criminal Offence – Criminal Matter - Intimidate Witness – Threaten Witness - Section 10 – Good Behaviour Bond – Defended Hearing – Sentence – Plea Bargain – Downing Centre Local Court 

Nyman Gibson Stewart

Criminal Lawyers 

Downing Centre Local Court

Represented by Solicitor: Riyad El-Choufani 

Facts: Our client’s brother was charged with a serious criminal offence.  It was alleged that our client threatened and intimidated a witness in his brother’s case to persuade that witness not to report what they had seen to police. The offence carries a maximum of 7 years gaol and upon conviction a person would expect to receive a custodial sentence.

Client pleaded not guilty and the matter was listed for defended hearing.

Result:  We took part in a plea negotiation with the police and prosecutor. The police accepted a plea of guilty to a less serious charge of stalk and intimidate. We subsequently appeared before the court for sentence. Submissions were made to the court as to our client’s good character, lack of criminal record and strong prospects for rehabilitation. In particular, we argued that our client acted impulsively after significant provocation. The court accepted our submissions. The presiding magistrate imposed a section 10 good behaviour bond such that no criminal conviction was recorded.

Our client was extremely pleased with this outcome.  Riyad El-Choufani is based at our Darlinghurst office.