Principal Lawyer Steven Mercael secures an exceptional outcome for a client facing an intimidation allegation under the Crimes (Domestic and Personal Violence) Act.
A 28-year-old client who was facing a serious intimidation charge has walked away from Liverpool Local Court without a conviction, after Principal Lawyer Steven Mercael successfully challenged key aspects of the police case and negotiated a more favourable set of facts.
The Allegation: Intimidation Under NSW Law
Police alleged that the client had intimidated another person during an argument that occurred outside a residence in Sydney’s southwest.
The charge — Intimidation under Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) — carries a maximum penalty of 5 years’ imprisonment and can have serious long-term consequences, including restrictions on employment, travel, and firearm licensing.
The initial police facts alleged that the client made threats intended to cause fear and that the complainant believed violence was likely to occur.
Defence Strategy: Careful Evidence Review & Strategic Negotiation
In preparation for the defended hearing, Mr Mercael meticulously reviewed the evidence and identified significant issues, including:
- inconsistencies between the complainant’s statement and body-worn video footage
- a lack of independent witnesses to support the most serious allegations
- contextual information about the incident that had been omitted from the police facts
- the absence of evidence showing any physical threats or attempts to follow through
Armed with these discrepancies, Mr Mercael entered into persistent negotiations with the prosecution, arguing that the available evidence did not justify the seriousness of the allegations put forward in the police facts.
Following multiple conferences, the prosecution ultimately agreed to:
- amend the police facts to remove the most serious allegations of threats
- proceed on a less serious factual basis consistent with the available evidence
Outcome: Amended Facts and No Conviction
After negotiations concluded, the client entered a plea to the amended facts. On sentence, Mr Mercael made detailed submissions regarding the client’s background, family responsibilities, rehabilitation efforts, and genuine remorse.
The Magistrate accepted that a conviction would be unduly harsh and did not record a conviction, instead imposing a non-conviction order.
This outcome allowed the client to avoid a criminal record and the significant consequences that accompany an intimidation conviction.
Charged With Intimidation? We Can Help.
Intimidation charges are taken seriously by NSW courts — but with the right defence strategy, it is often possible to:
- negotiate reduced or amended facts
- have charges downgraded
- avoid a conviction altogether
At Criminal Lawyers Group, Principal Lawyer Steven Mercael and his team have extensive experience defending clients across New South Wales in intimidation and other serious allegations.
📞 Call us: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
Let Steven Mercael and the Criminal Lawyers Group fight for the best possible result — no matter how serious the allegation.