A 27-year-old man who faced serious criminal allegations relating to an alleged firearm incident has avoided a conviction at Mt Druitt Local Court, after Principal Lawyer Steven Mercael successfully negotiated a significant downgrade of the charge and amendment of the police facts.
The Allegation: Armed With Intent to Intimidate
Police alleged that the man had been armed with a firearm with intent to intimidate another person during a heated confrontation in Western Sydney with a tow truck driver. The charge, laid under Section 114 of the Crimes Act 1900 (NSW), carries a maximum penalty of 7 years’ imprisonment and is regarded as a serious indictable offence.
According to the initial police facts, the accused was said to have produced a firearm during the incident, causing fear and distress to the complainant. Police seized several items and took witness statements in preparation for a contested hearing.
Defence Strategy: Persistent Negotiation and Evidence Review
In the lead-up to the hearing, Mr Mercael carefully analysed the prosecution’s brief, identifying inconsistencies in witness accounts and the absence of forensic or ballistic evidence linking any firearm to the alleged conduct.
Despite Crown witnesses attending court ready to give evidence, Mr Mercael persisted in negotiations with the prosecution, arguing that the available evidence did not support the serious firearm element of the charge.
Through detailed legal submissions and discussions with the prosecution, the charge was downgraded, and the facts were amended to remove all references to a firearm.
Outcome: Downgraded Charge and No Conviction Recorded
Following the successful negotiations, the client entered a plea to a significantly reduced charge, which the Court accepted. On sentence, the Magistrate took into account the client’s age, work history, and remorse — ultimately deciding to record no conviction.
This meant the client avoided both a criminal record and the harsh penalties associated with firearm-related offences.
Lawyer’s Comment
Speaking after court, Mr Mercael said:
“This result came down to perseverance and attention to the details the prosecution overlooked. Even when witnesses were ready to proceed, we continued negotiating because the evidence simply didn’t justify a firearm allegation. The final outcome was entirely fair and appropriate for our client.”
Charged With a Firearm or Intimidation Offence?
Firearm and intimidation charges are taken extremely seriously by NSW courts — but with an experienced and strategic defence, there are often ways to achieve a charge reduction, amended facts, or even no conviction outcomes.
At Criminal Lawyers Group, Principal Lawyer Steven Mercael and his team have extensive experience defending clients in serious intimidation and weapons-related matters across New South Wales.
📞 Call us today on (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
Let Steven Mercael and the Criminal Lawyers Group fight for your best possible result — no matter how serious the allegation.