At EAS Legal, we recently represented a 19-year-old man at the Geelong Magistrates’ Court facing serious criminal charges, including making threats to kill and possession of a significant quantity of weapons, including knives, batons and tasers.
Given the seriousness of the offending and the number and nature of the weapons involved, our client faced the prospect of a significant sentencing outcome at a very young age.
Our client ultimately appeared before the Court for sentence.
While the prosecution made submissions seeking a harsher penalty, our office strongly advocated for the Court to take a different approach.
Our submissions focused on our client’s young age and future, arguing that the most lenient sentencing disposition was appropriate and that a conviction was not necessary in the circumstances.
Rather than allowing the seriousness of the charges alone to determine the outcome, we sought to ensure the Court considered our client as an individual and the importance of giving a 19-year-old the opportunity to move forward from his offending.
The Geelong Magistrates’ Court accepted our submissions and imposed the outcome sought by the defence.
Despite the prosecution seeking a harsher penalty:
For a young person facing charges involving threats to kill and possession of a large quantity of weapons, achieving a Good Behaviour Bond without conviction represented an excellent result.
A plea of guilty does not mean that the outcome is predetermined.
Effective sentencing advocacy involves ensuring the Court understands not only the seriousness of the offending, but also the individual standing before it and the reasons why a particular sentencing outcome is appropriate.
In this case, despite the prosecution advocating for a harsher penalty, EAS Legal successfully persuaded the Court to impose the most lenient outcome sought by the defence and not record a conviction.
For our 19-year-old client, that meant the opportunity to put the matter behind him and move forward without a criminal conviction arising from the case.
EAS Legal represents clients facing serious criminal charges throughout Victoria, providing strategic advice, careful preparation and strong courtroom advocacy.
