Our Cases » No conviction for aggravated break, enter and damage property offence

No conviction for aggravated break, enter and damage property offence

In February 2021, our client was charged with 5 offences including a charge of aggravated break, enter and commit serious indictable offence, contrary to section 112(2) of the Crimes Act 1900.  This is an offence that carries a maximum penalty of 20 years imprisonment and a standard non-parole period of 5 years. 

The charges arose after our client attended her lover’s house and broke in once she discovered that another female was inside the house with him. 

Hanna Legal represented our client during extensive negotiations with the Director of Public Prosecutions, which resulted in our client pleading guilty to the aggravated break and enter charge on the basis that the remaining charges were withdrawn.  We also negotiated the statement of agreed facts on behalf of our client so as to more accurately reflect her reduced moral culpability. 

In April 2022, our criminal lawyers appeared for our client at her sentence hearing at the Sydney District Court. We assisted in the preparation of extensive subjective material on her behalf which highlighted the multitude of mitigating features in her case.  

We also prepared comprehensive written submissions, arguing why it was appropriate to not record a criminal conviction in her case.  The DPP solicitor opposed this course, arguing that a sentence of imprisonment was appropriate. 

The Court ultimately acceded to our submission and disposed of the matter by placing our client on a conditional release order without a criminal conviction.  

This result was particularly important for our client because she is not an Australian citizen and wants to remain in the country.