Helene Zannou, Author at

Zoe Whetham awarded Specialist Accreditation in Criminal Law

Founder of W & Co. Lawyers, Zoe Whetham, accepting award from Chair Person of the Specialist Accreditation Board, Jacqueline Dawson.

On 27 November 2023, Zoe Whetham attended the Law Society of NSW’s prestigious and widely respected Specialist Accreditation award ceremony in Sydney, where she was awarded Specialist Accreditation in Criminal Law.

Specialist Accreditation is held by less than 5% of the legal profession in New South Wales.

The Specialist Accreditation Program has been running since 1992 and enables practitioners to gain recognition as an expert in their chosen area of practice. The program consists of meticulous assessments on both legal knowledge and its application in practice. For accreditation to be conferred the candidate must pass all assessments. To retain their accreditation, specialists must undertake significant additional professional development in their area of expertise each year.

The ceremony was officially opened by Jacqueline Dawson, Chair of the Specialist Accreditation Board. Dawson said, “It is so satisfying to see such a large crowd of newly Accredited Specialists. Congratulations to you all – Specialist Accreditation is no easy task. Your hard work and dedication bring an enormous benefit to the legal community and the people of New South Wales.”

Zoe was among 12 criminal lawyers who were recognised for achieving Specialist Accreditation in 2023.

You can read more about the ceremony here.

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District Court Appeal: No Conviction for Refusing Breath Analysis

Refusing to submit to a breath analysis from police is a serious offence. In fact, it carries the same penalty as High Range PCA. Therefore, most drivers will receive a criminal conviction, disqualification of their licence and a lengthy interlock order. This is the outcome our client received when he was sentenced at Newcastle Local Court.

Preparation for Appeal

Our client retained Zoe Whetham to lodge an appeal against this sentence. Despite the fact only 4% of offenders avoid a criminal conviction for refusing a breath analysis, our client was hopeful for this result. This was because a criminal record would result in him losing his job. In addition, his licence was crucial for his work and to support his family. However, our client knew the outcome he wanted was not likely.

Zoe took detailed instructions from our client. She then worked with him to prepare evidence to support the ultimate submission that no conviction should be recorded.

The appeal was heard last week at Newcastle District Court. Zoe provided evidence to the Court, and made persuasive submissions to the Judge.

The Prosecutor objected to a non-conviction, due to the seriousness of the offence and the prevalence of drink driving within our community.

However, after considering the material and submissions made by Zoe, the Judge allowed the appeal.

Appeal Allowed

The District Court quashed the Orders of the Local Court. Instead, the Judge imposed a conditional release order without conviction. This means our client does not have to pay a fine, he does not have his licence disqualified and most importantly, he has not been convicted of the offence.

Feedback from Our Client

Our client was extremely happy with this result, and sent through the following feedback:

Zoe, thank you very much for providing me with this outcome. What an immeasurable blessings to have encountered you. Your commitment, accuracy and timely interventions satisfied me well before the appeal. Thank you forever.

We Can Help

If you need an experienced traffic lawyer in Newcastle, we are here to help.

Call us now for a FREE initial consultation on 0421 700 497.

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Author name: Helene Zannou