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Expertise
If you are charged with a crime you are presumed innocent — but it often does not feel that way. Admitted to the bar in 2007, David appears regularly as a jury trial lawyer in the District Court and High Court defending charges of violence, sex crimes, drugs and fraud. David has extensive experience in bail applications, discharges without conviction, appeals against sentence or conviction and traffic law.
Drugs Cases
The Misuse of Drugs Act enforces prohibition. Prohibition gives an enormous, unregulated, and tax free market to people who import, manufacture, possess, supply, and sell drugs. I guess that was what parliament, in its infinite wisdom, intended.
Whether it is class A, class B, or class C, you have to think about challenging evidence before trial, especially if there was unreasonable search and seizure. If there is more than one defendant, who are they and what are they going to do? Sometimes getting the maximum discount for an early guilty plea can be a good call especially if there is a plea deal.
Alleged drug offending and addiction issues all too often go hand in hand. I have a lot of contacts in the rehabilitation community, and have helped many clients take the first steps on their difficult road to recovery.
Sex Cases
Some say there are “rape myths” – it could be there are also “rape trial myths”. In sex cases, early representation at the police station can help dispel both.
Questions have to be asked about when and why a complainant spoke to police, especially if the allegation is from a long time ago. Has there any involvement with state agencies such as child welfare services, housing, accident compensation, or the Family Court?
Every sex case is different, but most of them boil down to one person’s word against that of another. And the risk of imprisonment can be high – and that is why it is important to get early and accurate legal advice.
Serious Violence
I have significant experience in defending murder, manslaughter, and wounding with intent to cause grievous bodily harm charges.
In violence cases, it is always important to figure out early on whether there are issues around identification, self-defence or if a lesser charge would be more appropriate.
If the matter resolves, it could be suitable for restorative justice. Again, addressing any underlying drug and alcohol issues can help get the least restrictive sentence possible.
Bail Applications
At the outset, bail is king. There is always time to plan how to deal with the charges – but where a defendant spends that time is a separate issue. Ensuring that there is a remand on bail with only reasonably necessary conditions is a big part of what I do. Defendants can spend a long time on bail, and it is hardly a free ride.
I have extensive experience in making successful opposed bail and EM bail applications including on appeal I have also assisted defendants applying for compassionate bail from prison successfully.
Discharges Without Conviction
Sometimes a guilty plea does not lead to a criminal conviction.
I have successfully pursued countless opposed s106 applications. Those applications are only granted if you satisfy the Court that getting a criminal a conviction is way worse than whatever it was you did. The more a defendant does before the application by way of education or alcohol/drug counselling the better, because that brings down the seriousness of the offending. Consequences of a conviction can be professional, immigration-related consequences or even just the shame that comes with being branded a criminal for the rest of your life (especially for young people).
Discharges without conviction require evidence from the applicant, the applicant’s family, and other various sources such as experts.
I have also succeeded in s106 applications on appeal.
Traffic
I have extensive experience in defending drink driving and driving while disqualified charges and applying for limited licences or work licences.
There is often a way to avoid a further disqualification, but it takes time to work through our traffic laws to get the best plan in place.
Not having a licence can feel like a death sentence when public transport is so unreliable and taxis so expensive.
Representation at the Police Station
Clients often tell me that the police describe it as “part of the process” when they contact them out of the blue, asking for them to come down to the police station for a chat. They just want to get the other side of the story.
Yeah, sure.
Let me be clear: do not talk to the police – you have a right to silence and silence is a powerful thing.
But if you do talk to them, make sure you get legal advice and have a lawyer with you. The truth is the police want to talk to you because they want you to say things that are against your best interests that they can use against you in court.
It is easy to say things you will regret without even knowing you are doing it. The police have already conducted an investigation and spoken to witnesses if they want to talk to you. There is a complete inequality of information and the police are much more experienced in conducting police interviews than you are – it is what they do for a living! Often defendants will want to “talk their way out of it” or “explain the context” – which almost always achieves the complete opposite.
And even if you do make a perfect police statement that explains away anything and everything…the prosecution does not have to use it at the trial and you cannot use it either! So why talk to the police?
In a word, don’t.
However, in some very limited cases it can be prudent to talk to the police in a managed setting with clear ground-rules – especially if there is a possibility that no further action will be taken. I have navigated that balancing act successfully for many clients.
Civil / Employment
I take instructions in the civil jurisdiction, often in employment law. I was the Judge’s Clerk at the Employment Court for two and a half years in the late 2000s and early 2010s.
I have represented employers and employees in investigations, personal grievances, and other areas of employment law.
Proceeds of Crime
Our proceeds of crime laws work on a “shoot first, ask questions later” basis. You do not even need to be charged with a crime or under investigation for the Commissioner of Police to apply to restrain property or assets hoping to have them forfeited in the future.
This is an incredibly confronting and humiliating process as defendants lose control over their financial lifeblood. I have resolved many such cases and represented clients in the High Court
Access to Experts
I use private investigators, forensic computer experts, psychologists, and other stakeholders with whom I have worked with for many years to achieve the best possible results for my clients.
Sometimes the police knocking at the door is the first step on the road to a very difficult recovery when it comes to drugs and alcohol.
It can also be the first time a person has any insight into certain behaviour motivators that has gotten them into trouble with the police.