Elif Orker, Criminal Lawyer
Elif Orker was admitted to legal practice in the State of Victoria in 2017 and has practised exclusively in criminal law since then. Her passion for criminal law became clear early in her university education as she recognised the challenges and uncertainties facing those in the criminal justice system.
Formerly working for two pre-eminent national and international law firms in Victoria and New South Wales, Elif obtained breadth in her experience across jurisdictions before bringing her insight and skills to our team at Dribbin & Brown Criminal Lawyers.
Elif is a confident, competent and diligent advocate who understands the importance of her client’s voice, which she represents vehemently, to achieve excellent outcomes. Her array of experience includes appearances in local and district courts of NSW and the Magistrates’ Courts in Victoria for criminal law, traffic, and Intervention Order matters.
On any given day, Elif can be found at the Melbourne Magistrates’ Court or the Werribee Magistrates’ Court, representing clients in case conferences, contest mentions, bail applications, guilty pleas, intervention order hearings and any other type of hearing in those courts.
Elif’s recent case outcomes:
1. Fine and non-conviction for multiple serious charges
Elif’s client was charged with multiple driving matters, including driving whilst suspended, drug driving, failure to answer bail and theft for a significant number of items totalling over $40,000. There were several briefs for these matters which had occurred over a number of years. Prosecutors sought restitution for the stolen items for over $40,000. Police also wanted our client for failing to answer bail and failing to appear in Court. Our client was arrested and remanded into custody.
Elif successfully argued for the client to receive bail pending the finalisation of matters. The matters were consolidated, and following detailed submissions from Elif in the Broadmeadows Magistrates’ Court, a fine of $2,000 with non-conviction and licence suspension for the mandatory minimum period of 12 months was imposed. Elif also successfully persuaded the Magistrate not to make an order for restitution.
2. Adjourned undertaking and non-conviction for driving whilst disqualified
Elif represented a client charged for driving whilst disqualified in the Melbourne Magistrates’ Court. The client had been driving for over a year with a disqualified licence before being intercepted by police and charged. The client had a history of driving whilst under the influence of drugs and other drug-related matters. The matter proceeded with a plea of guilty in Court. Following submissions by Elif, the Magistrate imposed an adjourned undertaking with non-conviction and a donation to charity of $200.
3. Diversion for threat to inflict serious injury charges
Our client was charged with the indictable offence of threats to inflict serious injury in a family violence incident. Following significant negotiations with prosecutors, Elif successfully persuaded the prosecution to recommend diversion.
After several submissions regarding the client’s suitability for a diversion plan in the Werribee Magistrates’ Court, the Magistrate granted diversion. The only condition imposed as part of the diversion program was that the client write a letter of gratitude to the complainant.
4. Fine and non-conviction for serious drink driving offences
Elif represented our client at the Neighbourhood Justice Center, Collingwood, charged with drink driving (3 times over the legal BAC limit) and failure to have proper control of a vehicle, causing a serious motor vehicle accident resulting in the car flipping. Our client also had a prior record for drink driving.
Ultimately, our client needed to avoid a conviction due to the nature of their work. Elif made extensive submissions to the Magistrate regarding why a non-conviction should be imposed, despite the serious nature of the offending. Ultimately Elif was successful, and the Magistrate imposed a $1500 fine with non-conviction, and our client’s driver’s licence was disqualified for the minimum mandatory period of 24 months.
5. Diversion for sexual assault charges
Elif represented a client charged with 3 sexual assault matters in the Ballarat Magistrates Court. The client denied the sexual assault, and the matter was listed for contest mention.
Following extensive negotiations with the prosecution to resolve the matter, which our client intended to defend vigorously, the prosecution continued to press charges.
A forensic psychologist report was obtained, which assisted our client’s case, and Elif sought diversion to resolve the matter. The prosecution elected to support diversion, and following Elif’s submissions, the Magistrate granted diversion with the condition that the client undertake counselling.
6. Serious assault charges against a police officer withdrawn
Elif represented a client charged with recklessly causing serious injury to a police officer (s17 Crimes Act 1958), assaulting a police officer and resisting arrest (s31(1)(b) Crimes Act 1958). The police officer was injured and required surgery and ongoing physiotherapy.
Following a review of the hand-up brief and evidence, Elif made an offer to the Crown for a guilty plea to resisting arrest and the withdrawal of the first two charges. She argued that the first charge failed principally on the question of recklessness and that the second charge was not borne out on the body-worn camera footage. Surprisingly, this offer was accepted by the Crown.
A summary jurisdiction application was made and granted. Diversion was also sought and granted. The Magistrate was quite surprised that the informant was supportive of diversion, given the unusual circumstances and the serious injury sustained by the police officer.
As serious assault offences against police officers, including recklessly causing serious injury, are liable to severe penalties and mandatory imprisonment if found guilty, this was an excellent outcome.
Reviews from Google about Elif at our Werribee office
