At EAS Legal, we recently represented a 38-year-old woman at the Frankston Magistrates’ Court who was facing charges involving serious WorkSafe breaches.
The allegations were significant and exposed our client to the prospect of a substantial financial penalty and a conviction.
Our client was also charged alongside a co-accused who faced the same offences arising from the same allegations, providing a particularly clear comparison of the impact that effective sentencing preparation and advocacy can have.
The Approach & Outcome:
Our client accepted responsibility for the offending, meaning our focus shifted to achieving the best possible sentencing outcome.
Our team carefully prepared the matter with particular emphasis on our client’s strong reputation, personal circumstances and the material available to demonstrate her character to the Court.
Rather than allowing the seriousness of the WorkSafe charges to dominate the sentencing exercise, we sought to ensure the Court had a complete understanding of our client and why a conviction and substantial financial penalty were unnecessary.
Detailed submissions were made seeking a financial penalty without conviction and advocating for the Court to exercise leniency.
The Frankston Magistrates’ Court accepted our submissions and imposed a fine without recording a conviction.
Significantly, the co-accused—who faced the same offences and allegations—received a financial penalty approximately double that imposed on our client.
This case demonstrates why preparation for a plea is just as important as representation in a contested case.
Two people can appear before the Court facing the same charges arising from the same circumstances and still receive significantly different outcomes.
In this matter, the quality of the material presented regarding our client’s reputation, together with focused sentencing submissions, helped distinguish her position from that of her co-accused. The result was significant: no conviction and a fine approximately half that received by the co-accused.
At EAS Legal, we don’t treat a guilty plea as a formality. We carefully prepare every sentencing hearing to ensure the Court understands the complete picture of our client and has every available reason to exercise leniency.
