Roy Marando - Criminal Law Solicitor - Agostino & Co

10/02/2022

This may come in handy one day.

30/11/2021

I posted a good result last week wherein a jury returned a verdict for my client of NOT GUILTY after just 45 minutes of deliberations. I posted that I knew I had done my job. I've had a few days to reflect on the matter. It was a s*xual assault charge. It came about after a meeting on Tinder, numerous Snapchats and s*xting. By the end of the second date there was an allegation of s*xual assault. Snapchat messages by their nature dissolve into cyberspace. The complainant does not make a formal statement until 6 months after the incident. The complainants phone is reported to be unable to have its information downloaded. My client volunteers his phone for forensic analysis to Police. After 12 months Police advise they have lost the analysis and my client no longer has the information that was in the phone 12 months earlier. The complainant has some but, possibly conveniently, not all text messages. Phone records of the complainant were obtained. I scrutinised over them for days. Using the phone records I could establish that the complainant and my client were together for no more than 10 minutes. I could establish that within 3 minutes of her departing my client after the incident the complainant sent a text message reading "how did you cm so quickly". Those simple facts, when put together, paint a very clear picture. There were many more facts of this case but I believe that ultimately those couple of undisputed facts were what helped the jury return a verdict of NOT GUILTY within 45 minutes of deliberating. Those days trawling through the phone records, I believe, were the most important part of my job. I'd like to think that all solicitors would have spent the time doing what I did but unfortunately some don't. In the end I did my job to the best of my ability and the client was rightfully acquitted and found Not Guilty. It's a shame the jury cannot return a verdict of INNOCENT as I'm sure they would have done if it was an available option but that is another issue entirely. Not everyone charged with a criminal offence is guilty. Guilt is to be decided by a Court, Judge or jury. It's not nice to have someone allege something against you that you didn't do. It's not nice to be accused of something you didn't do. However, it's worse to be convicted of it!
So when a client comes to me saying they have been accused of doing something I'm happy to help them with their claim that they didn't do it. My job is to help them regardless of the seriousness of the "allegation".
The Court, Judge or Jury, will judge them...not the media, not the public and certainly not me!
If you're in trouble with the law then give me a call. Roy - 04 1970 1970

25/11/2021

When you get a jury verdict of NOT GUILTY in under an hour...you know you've done your job!

24/05/2021

Another good result for Licensed Firearm Owners!

   (1)   The Applicant is not to store or allow any    firearm to be stored at his current    residential address;

06/12/2018

In trouble with the law...give Roy a call 04 1970 1970

19/09/2017

As a lawyer I turn to the law to help find answers to various questions. For those that might be interested there is in most Australian States similar legislation to that in NSW entitled "Relationships Register Act 2010". The object of this Act is to provide for the legal recognition of persons in a relationship as a couple, regardless of their s*x, by registration of the relationship.Two adults who are in a relationship as a couple, regardless of their s*x, may apply to the Registrar for registration of their relationship. Check it out yourself

Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.

03/03/2016

I recently acted for a client charged with mid range PCA. This was the second time he had been charged with mid range pca. He received a conviction the first time as he was unrepresented. This time his driver licence was immediately suspended. I appealed and had his driver licence reinstated within 3 weeks of being charged. I then negotiated the charge to be downgraded to low range PCA. He drove to Court and he received no conviction and an 18 month good behaviour bond. He drove away from Court a very happy man. If you’re in trouble with the law then give me a call – Roy – Ph:0419701970.

18/02/2016

I'm always asked "How can you represent criminals?"
When they come to me they are alleged to have committed a crime.
I'm alleging that people do not understand, take notice or acknowledge the words "allege" and "allegation"...not that that's a crime or else most of us would be criminals, right?
"Allege" - to claim or assert that someone has done something illegal or wrong, typically without proof.
The media and Police use those words every day.
People tend to read or watch an allegation and then proceed to converse with family and friends as though the allegation was in fact truth. How many of us will watch TV and after being told by the news presenter of an allegation about, for example, a female teacher having s*x with her students and then go on to tell their friends "hey did you hear about that female teacher who had s*x with her students?" they don't say "hey did you hear the allegation of the female teacher who allegedly had s*x with her alleged students?"...just doesn't have the same veracity does it?
Allegations are easy to make. Media and Police make them every day. Not all of them turn out to be true.
Thousands of criminal cases are dismissed each year in our Courts. Rarely do we see Media reporting that the allegations they have previously made were false and have not been proven in Court.
So nobody hears when that teacher gets found not guilty and has her case dismissed.
It's not nice to have someone allege something against you that you didn't do. It's not nice to be accused of something you didn't do. However, it's worse to be convicted of it!
So when a client comes to me saying they have been accused of doing something I'm happy to help them with their claim that they didn't do it. My job is to help them regardless of the seriousness of the "allegation".
The Court, Judge or Jury, will judge them...not the media, not the public and certainly not me!
If you're in trouble with the law then give me a call.

18/02/2016

Getting caught Drink Driving can happen to anyone. In 2011 retired Supreme Court Judge Roderick Howie was sentenced to 100 hours community service and lost his licence for 6 months for mid range drink driving. If you've recently been charged with Drink Driving, Driving Under the Influence or any other offence please don't be shy or embarrassed to call me for help. It happens to all walks of life. Doctors, lawyers, accountants and ,yes, even Judges have been caught drink driving. Helping people in trouble..it's what I enjoy doing. So if you're in trouble with the law then give me a call!

20/03/2015

Reflecting on 25 years working with Agostino & Co. As a criminal law solicitor I'm sure I'd get less for murder!

03/12/2014

What a coincidence with my recent post...alleged!

A female teacher will appear in court next month after being charged with the alleged s*xual assault of a student who was in her care.

30/11/2014

I'm always asked "How can you represent criminals?"
When they come to me they are alleged to have committed a crime. They are innocent until proved otherwise.
I'm alleging that people do not understand, take notice or acknowledge the words "allege" and "allegation"...not that that's a crime or else most of us would be criminals, right?
"Allege" - to claim or assert that someone has done something illegal or wrong, typically without proof.
The media and Police use those words every day.
People tend to read or watch an allegation and then proceed to converse with family and friends as though the allegation was in fact truth. How many of us will watch TV and after being told by the news presenter of an allegation about, for example, a female teacher having s*x with her students and then go on to tell their friends "hey did you hear about that female teacher who had s*x with her students?" they don't say "hey did you hear the allegation of the female teacher who allegedly had s*x with her alleged students?"...just doesn't have the same veracity does it?
Allegations are easy to make. Media and Police make them every day. Not all of them turn out to be true.
Thousands of criminal cases are dismissed each year in our Courts. Rarely do we see Media reporting that the allegations they have previously made were false and have not been proven in Court.
So nobody hears when that teacher gets found not guilty and has her case dismissed.
It's not nice to have someone allege something against you that you didn't do. It's not nice to be accused of something you didn't do. However, it's worse to be convicted of it!
So when a client comes to me saying they have been accused of doing something I'm happy to help them with their claim that they didn't do it. My job is to help them regardless of the seriousness of the "allegation".
The Court, Judge or Jury, will judge them...not the media, not the public and certainly not me!
If you're in trouble with the law then give me a call.