Damien advises and regularly appears in sentencing proceedings, defended hearings and appeal matters, and instructs counsel in complex criminal trials.
In contested matters, Damien has successfully defended matters through cross-examination of key prosecution witnesses, undermining credibility, highlighting inconsistencies and ultimately raising sufficient doubt to have criminal charges dismissed. He has also effectively presented fresh evidence in matters, undermining arguments of wrongdoing presented by the prosecution and resulting in the withdrawal of criminal charges.
Damien ensures careful consideration of all information relied upon by the prosecution in criminal matters and has been successful in excluding prosecution evidence following legal argument in areas relating to hearsay, tendency evidence, opinion and unlawfulness.
In matters where the prosecution evidence is not disputed, Damien has successfully argued that his clients were acting in self-defence, again resulting in charges being dismissed.
Damien appears in bail matters and has successfully obtained orders for release from custody in circumstances where clients have been charged with serious offences relating to alleged violence, sexual misconduct and intimidation offences.
In charge negotiations, Damien has prepared written representations on behalf of his clients which have resulted in the withdrawal of charges, agreements to proceed with less-serious charges, and amendments to the police facts. Often, such negotiations have a significant bearing on the outcome when the matter is ultimately finalised.
In sentence matters, Damien is accomplished at identifying extenuating factors and personal circumstances which are favourable to his client and promote the need for leniency and rehabilitation in place of punishment. This has resulted in many clients avoiding a criminal conviction, even in circumstances where pleas of guilty are entered. Damien has also successfully argued in favour of alternatives to imprisonment for serious offences and in circumstances where the court would have otherwise deemed no punishment other than full-time imprisonment as sufficient.