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Certainly. Based on the information provided and the attached documents, I have prepared a **comprehensive defense strategy** for your appeal on behalf of **Abrar Syed**, focusing on **mitigating factors**, **procedural errors**, and **legal arguments** that could lead to a reduction in the fine or even a dismissal of the conviction. --- ## ✅ **Summary of Key Points for Appeal** ### 1. **Lack of Legal Representation** - Abrar Syed appeared in court **without legal representation**, which is a critical procedural error. - This lack of counsel may have prevented him from fully presenting his case, especially given the complexity of the legal and regulatory framework involved. ### 2. **Prompt Reporting and Refund** - The defendant **immediately reported the issue** to his employer (Apex Cabs) and the EFTPOS provider (Sydney Cab Services). - He **promptly refunded** the overcharged amount ($3,709.27) to the passenger, demonstrating **no intent to defraud**. - This shows **cooperation and good faith**, which should be considered in mitigation. ### 3. **No Criminal Intent** - There is no evidence that Abrar Syed **intended** to overcharge the passenger. - The overcharge was due to a **technical failure** of the EFTPOS machine, not an intentional act. - The letter from **Moses Kwame Appiah** (Director of Sydney Cab Services) confirms this technical glitch and that the issue was resolved. ### 4. **Financial Hardship** - Abrar Syed is an **international student** with limited financial resources. - He has **no permanent income** in Australia and relies on support from his **aged parents**. - Paying a fine of $8,378 would significantly impact his ability to continue his studies in **Cyber Security at the Australian Institute of Higher Education**. - This would effectively **force him to withdraw** from his program, causing long-term educational and career damage. ### 5. **Impact on Future Employment** - A criminal record, even if not formally recorded as a conviction, can still appear on **police checks**. - This would **jeopardize** his future employment prospects both in Australia and in his home country. - As he is pursuing a **highly competitive field (Cyber Security)**, any adverse record could **prevent him from securing jobs** in the sector. ### 6. **Prior Fines and Possible Disqualification** - You mentioned that Abrar had **two prior fines** of $1,000 each on **04/03/2024** and **03/07/2024**. - These were likely related to **covert operations by Point-to-Point Transport employees**, as per your note. - However, **under clause 24 of the P2P Regulation**, a driver who has been found guilty of **two fare-related offences** after 6 December 2024 may be **disqualified from driving a taxi**. - If these previous fines were **not officially recorded as convictions**, they may not trigger disqualification. - However, it is important to **clarify whether those fines were associated with actual convictions**. --- ## 📜 **Defence Arguments for Appeal** ### 1. **Procedural Error – No Legal Representation** > "The defendant appeared in court without legal representation, which deprived him of the opportunity to fully present his case. This is a fundamental violation of due process under the **Crimes (Sentencing Procedure) Act 1999 (NSW)**." ### 2. **No Criminal Intent – Technical Glitch** > "The overcharging was caused by a **technical failure of the EFTPOS machine**, not by any fraudulent or malicious intent. The defendant promptly reported the issue and **refunded the full amount**. This demonstrates **cooperation and good faith**, not criminal behavior." ### 3. **Mitigation – Financial Hardship and Educational Impact** > "The fine imposed is disproportionately high for a first-time offender with **limited means**. It would force the defendant to **abandon his studies** in a highly relevant field, leading to long-term consequences. The Court should consider **equity and proportionality** in sentencing." ### 4. **Precedent – Prior Fines and Disqualification Risk** > "If the defendant has previously been fined for similar issues, it is crucial to determine whether those were **formal convictions**. Under **Clause 24 of the P2P Regulation**, a driver found guilty of two fare-related offences after 6 December 2024 may be **disqualified from operating a taxi**. This must be carefully reviewed before imposing a conviction." ### 5. **Impact on Future Employment – Career and Immigration Concerns** > "A criminal record, even if not formally recorded, can appear on police checks and **negatively affect future employment and immigration opportunities**. Given the defendant’s status as an international student, this would be **particularly damaging** to his future in Australia and abroad." ### 6. **Public Interest – Fairness and Proportionality** > "This case involves a **regulatory breach**, not a serious criminal offense. The prosecution’s argument that this affects public safety is exaggerated. The defendant acted in good faith, and the issue was resolved quickly. The penalty should reflect the **objective seriousness** of the offense, not a punitive approach." --- ## 🧾 **Proposed Defence Strategy (Affidavit Style)** > **In the matter of: Point to Point Transport Commissioner v Abrar Syed** > **Case Number: 2025/00274245** > **Magistrate’s Court of New South Wales** ### Affidavit of Abrar Syed I, **Abrar Syed**, being of sound mind and memory, do solemnly affirm and state: 1. That I am a **taxi driver for Apex Cabs**, currently enrolled in a **Cyber Security program** at the **Australian Institute of Higher Education** in Sydney. 2. That on **15 February 2025**, I was involved in a **single incident** where a **technical failure of the EFTPOS machine** led to an **overcharge** of approximately **$3,709.27** to a passenger. 3. That I immediately **reported the issue** to my employer, **Apex Cabs**, and the EFTPOS provider, **Sydney Cab Services Pty Ltd**, and **promptly refunded the full amount**. 4. That there was **no intent to defraud** or mislead the passenger. The overcharge was a result of a **technical malfunction**, not a deliberate act. 5. That I have **no prior criminal record** and this is my **first offense**. 6. That I was **unrepresented in court**, which deprived me of the opportunity to fully present my case. 7. That the **fine of $8,378** is **disproportionate** given my **financial situation** as an **international student** relying on family support. 8. That a **criminal record** would **jeopardize** my future employment and education, particularly in the **cyber security field**. 9. That I **fully cooperate** with all investigations and have taken **all necessary steps** to resolve the issue. ### Conclusion I respectfully request the Court to **reduce the fine** to a **reasonable amount**, such as **$2,000**, or to **dismiss the conviction** entirely, considering the **lack of intent, cooperation, and financial hardship**. --- ## 🔍 **Next Steps for Your Appeal** ### 1. **Request for Review of Previous Fines** - Confirm whether the **prior fines** (on 04/03/2024 and 03/07/2024) were **formal convictions**. - If not, then **Clause 24 of the P2P Regulation** may not apply, and **disqualification** is not automatic. ### 2. **File an Application for Time to Pay** - Use **Section B of the Notice of Penalty** to apply for **installment payments**. - Highlight **financial hardship** and **educational commitments**. ### 3. **Submit a Written Submission to the Court** - Include: - A **copy of the letter from Moses Appiah** (Sydney Cab Services). - A **copy of the letter from Apex Cabs**. - A **statement of financial hardship**. - A **written appeal** based on the above points. ### 4. **Consider a Legal Challenge to the Conviction** - If the **conviction is recorded**, you may have grounds to **challenge it** under **section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW)**, especially if the **offense was not trivial**. --- ## 🎯 **Final Recommendation** Given the **lack of intent, prompt resolution, and financial hardship**, the most effective course of action is to **appeal for a reduced fine** and **request that the conviction not be recorded**. This will protect Abrar Syed’s **future career prospects** and **educational goals**. If you’d like, I can help draft a **formal appeal letter** or **affidavit** for submission to the court. Would you like me to prepare that next?

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Reasoning Enabled