On 12 March 2026, our client was listed to appear before Parramatta Local Court in relation to two offences:
Following receipt of the Police Facts Sheet, ED Legal undertook a careful examination of the allegations and the evidence relied upon by the prosecution.
Particular consideration was given to the essential elements of each offence, the prosecution's ability to establish those elements beyond reasonable doubt, and any potential defences available to our client on the evidence then in existence.
This analysis formed the foundation of our approach to resolving the proceedings.
Following a detailed analysis of the Police Facts Sheet and the available evidence, ED Legal prepared written representations to NSW Police seeking the withdrawal of both charges.
Our representations challenged the legal and evidentiary basis of the allegations, with particular attention given to whether the prosecution could establish the essential elements of each offence beyond reasonable doubt.
In relation to the dangerous driving charge, ED Legal proposed that NSW Police withdraw the existing charge and accept a plea of guilty to the alternative offence of exceeding the speed limit by more than 30 km/h.
This proposal was advanced as an appropriate compromise having regard to the circumstances of the alleged offending and the available evidence.
Importantly, the proposed resolution would substantially reduce the potential consequences for our client. The original dangerous driving charge carried a statutory minimum licence disqualification period of 12 months, whereas the proposed alternative offence carried a minimum disqualification period of three months.
The proposed resolution therefore represented a potential reduction of nine months in the applicable minimum licence disqualification period.
Our approach was directed towards securing a resolution that appropriately reflected the alleged conduct while avoiding the more serious consequences associated with a conviction for dangerous driving.
In relation to the charge of custody of a knife in a public place, our representations sought the withdrawal of the offence on the basis that our client had a lawful excuse for possessing the knife at the relevant time.
Importantly, our client had provided an explanation for possessing the knife during his initial interaction with NSW Police.
ED Legal carefully considered that explanation against the applicable statutory provisions and the evidence available to the prosecution.
Our representations advanced the position that our client's explanation provided a lawful basis for his possession of the knife and that, having regard to the circumstances, the charge should not proceed.
We accordingly requested that NSW Police withdraw the charge in its entirety.
Following consideration of our written representations, NSW Police agreed to withdraw both original charges.
The dangerous driving charge was replaced with the alternative offence of exceeding the speed limit by more than 30 km/h, substantially reducing the applicable minimum license disqualification period from 12 months to three months.
The charge of custody of a knife in a public place was withdrawn entirely.
This represented an excellent outcome for our client, who avoided prosecution for the two more serious offences originally alleged.
The result demonstrates the importance of carefully analysing the prosecution evidence, identifying potential legal defences and making properly considered representations before matters proceed further through the criminal justice system.
At ED Legal, we represent clients charged with a broad range of criminal and traffic offences throughout New South Wales.
Our approach involves carefully examining the allegations, assessing the available evidence and identifying opportunities to resolve proceedings favourably wherever possible.
If you are facing dangerous driving or other criminal charges, contact ED Legal to discuss your circumstances and obtain advice about your legal options.
Each case is determined on its individual facts and circumstances. Previous results do not guarantee a similar outcome.
