Sra Lakshmi Agasthyaraju escapes conviction over framing plot

A lawyer who threw a plant pot through her ex’s window and threatened to frame her former partner’s son of sex assault has been handed her punishment in court.

A lawyer who threatened to frame her ex-partner’s son of sexual assault has escaped without conviction.

Sra Lakshmi Agasthyaraju appeared before Penrith Local Court last week via audio visual link with her lawyer.

The Penrith Press first reported on the case last year when the Hunters Hill lawyer pleaded guilty to a low range PCA, entering inclosed lands, stalk and intimidate and destroy or damage property.

The court heard of Agasthyaraju’s plan to break into a former partner’s home, undress and then tell police her ex’s son had sexually assaulted her, stating “I am taking everyone down”, on a prior phone call.

But when she showed up at the Erskine Park home she found she couldn’t get in and threw a plant pot at the window.

In court on January 28, Agasthyaraju expressed remorse for her actions, describing her conduct as “abhorrent” in a correspondence submitted to the court.

Her lawyer presented a bundle of character references.

“She is an incredible person who’s volunteered at a number of indigenous services and assisted in finance and law. She’s someone who should be commended for that,” Agasthyaraju’s lawyer said.

Sra Lakshmi Agasthyaraju (right) pictured with her lawyer outside Penrith Local Court in December 2021 after a foiled plot to frame her ex’s son for sexual assault.

Her lawyer said the mother-of-two contributes to the community, has been through tragic life experiences and has undertaken the traffic offender program.

He argued that she should be eligible for a community corrections order without conviction because the incident was out of character and to the “lower end of objective seriousness”.

The prosecution, however, was sceptical.

“This was a very specific threat about making a report to police about a sexual assault which is not a low level offence, especially with her legal background. I’d argue that brings her offences to the mid-range because she has expertise and experience in the legal system,” the prosecutor said.

The prosecution proposed the offences be dealt with in the justice system.

Ultimately, the decision was up to Magistrate David O’Neil who drew heavily upon context.

During a trip to the movies, Lakshmi and her ex-partner’s son got into an argument where it was revealed her partner had been involved in other relationships online.

“In my view, this is likely to have been a trigger for the applicant as she has faced difficulties in her life,” the magistrate said. “Her father was an alcoholic, her mother died of cancer and her husband died of a sudden heart attack. Likely, she didn’t have time to stop and grieve properly.”

The magistrate referred to the references before him.

“Despite her tragic background, she found time to assist others at almost every turn. She helped people at her children’s school and, as she started studying law, became involved with the indigenous community.

Sra Lakshmi Agasthyaraju outside Penrith Local Court in December.

“The relevance of those factors are that they make perfectly clear that Lakshmi’s conduct, conduct I’ve described as quite serious, was out of character.”

Magistrate O’Neil said Agasthyaraju’s correspondence revealed her true remorse and acknowledged that she has since taken action.

“Not everyone readily understands what they’ve inflicted upon the other party. Lakshmi’s correspondence accurately states her conduct was “abhorrent” and that she does not make excuses for it,” he said.

“She did not sit idle. She suffered and sought counselling. She engaged with Odyssey House and has had around 37 sessions to address issues.”

The magistrate decided the driving matter would be dealt with differently to the other offences as the safety of other road users was compromised.

Sra Lakshmi Agasthyaraju was convicted of a low range PCA, fined $350 and disqualified for three months.

For the enter inclosed land without lawful excuse, she was found guilty without proceeding to conviction with the matter dismissed under Section 10(1)(a) of the Crimes Act.

Both stalk/intimidate and destroy/damage property were dismissed under section 32, provided Agasthyaraju abides by her mental health plan.