Property Damage Charge Dismissed Without Conviction, Parent Visa Sponsorship Protected

Workplace Dispute Leads to Property Damage and Intimidation Charges

Our client is a long-term Australian permanent resident who runs his own cleaning business. Following a dispute arising out of his work, he was charged with two offences:

• destroying or damaging property under section 195(1)(a) of the Crimes Act 1900
• stalking or intimidation under section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007.

The charges were of particular concern because our client is a sole trader and relies on maintaining the trust of his clients and his ability to continue working. He was also an approved Parent Sponsor, having brought his elderly parents to Australia on Sponsored Parent (Temporary) visas only months earlier.

A conviction could have affected both his business and his position as a sponsor. Although he had reasonable prospects of contesting the charges, he instructed us to seek an early resolution and avoid a prolonged defended hearing.

‍

The Charges and Section 10 Dismissal

Destroying or damaging property carries a maximum penalty of 5 years' imprisonment under the Crimes Act. Where the matter is dealt with summarily in the Local Court, the maximum penalty is 2 years. Stalking or intimidation under the Crimes (Domestic and Personal Violence) Act also carries a maximum penalty of 2 years when dealt with in the Local Court.

Under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999, a court can find a person guilty of an offence but decide not to record a conviction. This means the offence does not result in a criminal conviction being recorded on the person's record.

‍

Early Resolution and No Conviction

Our Senior Associate prepared and served a detailed letter of representation to the Officer in Charge and the relevant Police Area Command. The letter set out our client’s position and explained why the matter should be resolved without the need for a defended hearing.

Police accepted the representations before the matter's first mention.

The stalking and intimidation charge was withdrawn and dismissed. Our client pleaded guilty to the property damage charge on the basis that the conduct was reckless rather than intentional, reflecting the circumstances of the incident.

The matter was then adjourned for several weeks to allow for sentencing submissions. Following our submissions, the court dealt with the property damage charge under section 10(1)(a). Our client was found guilty, but no conviction was recorded.

Given the guilty plea, this was the best outcome available to him.

‍

Protecting the Parent Sponsorship

There was also an immigration issue that needed to be dealt with alongside the criminal matter.

As a Parent Sponsor, our client had an obligation to notify the Department of Home Affairs after being charged with a criminal offence. The pending charges could also be relevant to the Department's consideration of whether his sponsorship should continue.

Brightstone Migration, part of the Brightstone Legal group, handled the immigration side of the matter. The team made the required notification and prepared submissions addressing the potential impact of the charges on our client's sponsorship. You can read how our immigration lawyers handled this 870 Sponsored Parent Visa case here.

Having the criminal and immigration teams working together meant that both issues could be dealt with at the same time, rather than waiting for the criminal matter to finish before addressing the immigration consequences.

‍

Facing Criminal Charges That Could Affect Your Visa or Sponsorship?

A criminal charge can have consequences beyond the criminal proceedings themselves, particularly where you hold a visa, sponsor a family member, or rely on your business or employment.

If you have been charged with an offence and are concerned about the possible impact on your visa, sponsorship or livelihood, obtaining legal advice early can help you understand your options.

Contact our criminal lawyers in Sydney today for confidential advice about your matter. If immigration consequences are also involved, we can coordinate with Brightstone Migration where appropriate.