Case Study

In early 2020, our client attended a Shisha Bar. While outside the bar, he got into a verbal argument and left. Ten minutes later, he returned with a firearm. A bystander wrestled him to the ground to disarm him. An associate then handed him a sword. He left without entering the Shisha Bar; however, members of the public witnessed the incident. The police found him at home and seized other illegal items. He pleaded guilty to seven charges in the Magistrates’ Court at a Contest Mention, the most serious being Prohibited Person Possess Firearm, Affray and Use of Firearm in the Commission of Offences. He was sentenced to two and a half years imprisonment  without a non-parole period. Not long after receiving this sentence, he was notified that his visa would be cancelled under section 501 of the Migration Act 1958 (Vic).‍

Under our advice, our client filed an appeal against the conviction and sentence. This was done because the matter would likely be resolved during negotiations with the Office of Public Prosecution, which differs from the Magistrates’ Court, where negotiations occur with police. The ‘Use of Firearm in the Commission of Offences’ was withdrawn, so the appeal was just an appeal against the sentence. During this appeal, we first focused on the errors made in the Magistrates’ Court - namely, that our client received cumulative sentences for some of his charges when they are ordinarily served concurrent. We were then able to focus on his traumatic upbringing in Sudan and his personal circumstances, his potential deportation, and the fact that he had shown to be a positive contributor to the community before this offending. He was re-sentenced to 18 months imprisonment with a non-parole period of 12 months.