Our client, a 37-year old first time mother to a new born baby desperately sought our assistance with her charge of attempting to pervert the course of justice. Originally from Europe, she moved to Australia more than a decade ago and worked hard to build a wonderful life here. However, months before she was due to give birth to her first child, a past mistake came back to haunt her.
About 10 years ago she was pulled over by police. She had consumed alcohol and when asked for her personal details, she panicked and provided the details of her best friend. While she told her friend what she had done the next day, Police were not aware of the deception. Then some 12 years later her friend was contacted by the authorities as it was suspected her identity had been stolen. Our client immediately contacted Police to confess what she had done all those years ago, and she was charged, trusting the police officer that told her she should expect a “fine” as a penalty.
Needless to say our client was shocked to learn during our initial consultation that a terms of immediate imprisonment could be imposed for such offending. Our client, as the primary caregiver for her new born, and still breastfeeding, was terrified at the prospect of being separated from her child for any period of time. At the sentencing hearing the State, represented by the Office of the DPP, strongly urged the Court to impose a term of immediate imprisonment. We fought hard for our client, pointing to several mitigating features such as full co-operation with the police, volunteering the commission of the offence, the lapse in time and no convictions for any offence in the interim period, the early plea of guilty, and genuine remorse shown for her poor judgment all those years ago.
We succeeded in persuading the Court to suspend the term of imprisonment imposed, which meant that our client was able to return home to her baby and is continue building her life in Australia, plus one.
