Recent cases

2017

Jury acquits client of Aggravated Sexual Penetration without consent

Our client, an eastern states man working fly in fly out in the Pilbara was charged with aggravated sexual penetration without consent following a night out with his mates. His mate was charged as a co-accused when the complainant alleged she did not want a threesome and alleged the act of penetration was without consent. Despite our client and the co-accused being honest about their involvement in what they believed to be a consensual sexual act and despite each of them separately participating in detailed interviews with police in circumstances where there was no opportunity for them to have made up their stories, they were both charged and forced to defend the allegation at trial. After a 3-day District Court trial in South Hedland, both our client and the co-accused were acquitted. 

DPP agree to downgrade drug dealing charge

Our client a 23 year old middle eastern man was charged with possession of methylamphetamine with intent to sell or supply. Despite the quantity of drug being almost three times the quantity giving rise to a presumption of intent to sell or supply our client maintained the drug was for personal use only. After successful negotiations with the Office of the Director of Public Prosecutions the prosecution agreed to downgrade the charge to simple possession on our client's plea of guilty thereby avoiding a sentence of immediate imprisonment.

Jury acquits client of Sexual Penetration without consent

Our client a 38 year old male franchisee of a fast food chain in Perth northern suburbs was charged after having a brief sexual encounter with a casual female employee ion the workplace on her last day of work. The prosecution alleged that our client used his position of authority to take advantage of her. After a 3-day District Court trial in Perth our client was a acquitted by the unanimous verdict of the jury.

Police withdraw charge of Common Assault

Our client a 26 year old female paramedic was charged with unlawful common assault following an altercation with a male co-worker at a private function. When we first received instructions it was clear to us that it was not in the public interest to prosecute our client given the trivial nature of the assault. After making a written submission to the Perth Police Prosecutions the charge was dismissed at a very early stage.

Police withdraw charge of Aggravated Unlawful Wounding 

Our client, a 26-year-old female from Perth who had been charged with a serious offence of Aggravated Unlawful Wounding had her charge withdrawn following successful negotiations with the prosecution. The prosecution agreed to pay our costs of $4,400.

Criminal Damage charge dismissed with costs in Children's Court

Our 17-year-old client from the northern suburbs was found not guilty after a two-day trial where the identity of the offender was in issue. Prosecution ordered to pay costs of $12,000.

2016

Jury acquits client on trial for Grievous Bodily Harm with intent to cause Grievous Bodily Harm

Our client and his father-in-law, both from Perth's southern suburbs, were jointly charged with causing grievous bodily harm to our client's father (the complainant) with intent to cause him grievous bodily harm. The prosecution alleged our client and his father-in-law jointly assaulted the complainant with a shovel and a baseball bat in the backyard of the complainant's home one night in March 2015. As a result of the incident, the complainant suffered serious and potentially life-threatening injuries. In our client's defence, the jury heard that the complainant was a violent and vindictive man who had been menacing our client for years and had embellished his testimony with the intention of seeing our client go to jail. During the four-day District Court trial in Perth, the prosecution relied heavily upon DNA evidence to corroborate the complainant's testimony that our client was present and physically assaulted the complainant. Our client, who elected not to give evidence, maintained he was not present during the altercation between the complainant and our client's father-in-law. After deliberating for less than one hour the jury acquitted our client and his father-in-law of the charge on the indictment and further acquitted both men of the lesser alternative charges of unlawfully doing grievous bodily harm and unlawful assault occasioning bodily harm.

Prosecution fails to prove charge of Reckless Driving to Escape Police Pursuit 
Following a two-day hearing in Joondalup Magistrates Court, a 28-year-old man avoided a mandatory 6-month prison sentence when the Magistrate dismissed a series of charges alleging our client was the driver of the vehicle which was driven recklessly, failed to stop and ultimately crashed after being pursued by two police vehicles exceeding speeds of 160kph. Prosecution ordered to pay our costs of $13,000.

Jury agrees woman acted in self-defence when causing Grievous Bodily Harm to husband
Following a three-day trial in the District Court at Perth, the jury acquitted our 25-year-old client who was charged with grievous bodily harm after striking her husband in the face with an empty vodka bottle and causing him serious injuries. The jury rejected the husband's version of events and the prosecution failed to disprove beyond reasonable doubt that our client acted in self-defence.

String of serious traffic charges dropped by police due to lack of identification evidence
Our client, a 24-year-old female was charged with reckless driving, driving under the influence of alcohol and driving without a motor driver's license. Pleas of not guilty entered after our assessment of the evidence revealed that the prosecution would not be able to prove, beyond reasonable doubt, the identity of the driver. After numerous court appearances and an adjourned trial in Armadale Magistrates Court the prosecution agreed they could not prove the charges and offered no evidence. The charges were dismissed and our client was awarded $8,800 in costs.

Charge of Aggravated Common Assault dismissed and costs awarded
Our client, a 46-year-old female public servant was charged with assaulting her ex-partner on his business premises during a dispute about his infidelity. Our client was found not guilty after Magistrate agreed with our submission that the evidence did not disclose the intentional application of force such to constitute an assault. The charge was dismissed and the prosecution was ordered to pay costs of $8,800.

String of Aggravated Home Burglary charges discontinued due to lack of admissible identification evidence
Our client, a 30-year-old male from the southern suburbs was charged with 6 counts of aggravated home burglary and associated charges of stealing and three charges of stealing a motor vehicle. Following negotiations with the Office of the Director of Public Prosecutions all aggravated home burglary and stealing charges were discontinued after it was accepted the prosecution was unable to prove our client was the person who committed the burglaries.


 

2015

Backpacker found Not Guilty of Stealing $250,000 from Pilbara employer
Our client, a 27-year-old back packer from the UK, was charged with stealing over $250,000 cash from her employer when she worked as an Assistant Manager for 15 months at a tavern in WA's far north. Following a six-day District Court trial our client was acquitted on all 58 counts of stealing as a servant.

Prosecution drops Drugs Charges against Public Servant after Successful Public Interest Submission
Our client, a 37-year-old public servant, was charged with two offences of possession of a prohibited drug, namely DMAA (a sports food supplement used by body builders). A conviction for the offences would adversely affect our client's ability to secure a security license in his new job. After thoroughly reviewing the evidence we made a public interest submission to the WA Police outlining the reasons why the evidence was not capable of proving our client knew the training supplement he used contained the recently prohibited DMAA. The prosecution dismissed both charges after three appearances in the Magistrates Court.

Man found not guilty of sexually abusing his children in 1970s and 1980s
Our client, a 71-year-old retiree from Perth's southern suburbs, was charged serious allegations of sexual penetration and indecent dealings against his two daughters and one son between the early 1970s and early 1980s. Our client faced two jury trials in relation to the charges and was acquitted on all charges.

Overseer found not guilty of stealing a horse and unlawfully using animals belonging to his employer
Our client, a Station Overseer in the Pilbara region, was charged with stealing as a servant and unlawfully using an animal, namely cattle belonging to his employer. Our careful assessment of the evidence revealed that the prosecution would be unable to prove that our client had a fraudulent intent when taking the horse or that he did not have reasonable grounds for believing he had permission to use the employer's cattle. We advised our client to plead not guilty. On the morning of the trial the prosecution conceded it would be unable to prove the charges and offered no evidence. The Magistrate dismissed the charges and ordered the prosecution to pay costs of $13,000.

Mandatory imprisonment avoided for Reckless Driving (escape police pursuit)
Our client, a 21-year-old man from Perth's northern suburbs was charged with reckless driving to escape police pursuit an offence, which carried a mandatory sentence of 9 months' immediate imprisonment. After successful negotiations with Police the charge was downgraded to reckless driving and following a plea in mitigation in Joondalup Magistrates Court client avoided a prison sentence.

Not guilty of arson
Male client charged with deliberately setting fire to a motor vehicle which was completed destroyed by fire. The issue at trial was the identity of the offender. After a 3-day trial in the Supreme Court at Perth, the jury found our client not guilty.

Judge rules 'no case to answer' on charge of Deprivation of Liberty
Our client, a 24-year-old refugee from Africa, was charged with aggravated assault occasioning bodily harm to his partner and depriving her of her liberty. During trial in the District Court at Perth we made a successful application, at the close of the prosecution case, that our client had no case to answer in respect of the charge of deprivation of liberty due to the lack of sufficient evidence from the complainant. A judgment of acquittal was entered on the deprivation of liberty charge. The charge of aggravated assault occasioning bodily harm was subsequently discontinued following a public interest submission after the trial was aborted.

210 charges dismissed after Public Interest submission to Police
Our client, a 24-year-old male from Narrogin, was charged with 210 charges of breaching a violence restraining order. After negotiations with WA Police all charges were dismissed in the Narrogin Magistrates Court.

Not guilty of $10,000 Extortion after oral sex with doctor
Our client, a 43-year-old female on a disability support pension, was charged with extorting her treating doctor for $10,000. The prosecution alleged our client threatened to take the doctor to court if he didn't pay the money after a consensual act of fellatio performed in the doctor's consulting room. The doctor denied the sexual act was consensual and the prosecution tendered an audio recording made later the same day showing our client referring to the demand for money. The jury heard that our client felt she had been used by the doctor who was only interested in his sexual gratification and refused to acknowledge much less discuss the sexual encounter. Our client testified that the only way the doctor would even listen to her was if she mentioned the prospect of him having to pay money, words that were said without criminal intent. Following a 3-day trial in the Perth District Court the jury found our client not guilty.


 

2014

Charge of Indecent Dealing with a Child Discontinued without need for Trial After Successful Public Interest Submission
Our client, a 25-year-old man from Perth's southern suburbs, was charged with indecently dealing with his 5-year-old step daughter during a weekend contact visit at the direction of the Family Court. Our client denied any inappropriate dealings with his step-daughter and believed the allegation was motivated by the child's mother to get favourable orders in the Family Court. Our client contacted us soon after he was arrested. We were able to access and view the child's interview with police at a very early stage (pre committal hearing) and immediately identified problems with the child's version of events. We drafted a detailed submission to the Office of the DPP to discontinue the charge on the basis there was no reasonable prospect of securing a conviction. The submission was accepted and the charge was discontinued after only two mentions in the Magistrates Court.

Aggravated Common Assault charge dismissed and costs awarded
Our client, a 25-year-old man from Perth's eastern suburbs, was charged with aggravated common assault. On the morning of the trial in the Armadale Magistrates Court the prosecution conceded that there was insufficient evidence to proceed and the Magistrate dismissed the charge. The prosecution was ordered to pay costs of $3,300.


 

2013

Grandfather found not guilty on serious charges of Sexual Assault of Daughters and Granddaughter
Our client, a 59-year-old man from Perth southern suburbs, was charged with seven charges of indecently dealing with and sexually penetrating his two daughters and a granddaughter over a 10-year period. Following a 4-day trial in the District Court at Perth our client was found not guilty on all seven charges.

Man acquitted on charges of sexually assaulting step-granddaughter
Our client, a 59-year-old man from Perth's southern suburbs, was charged with four historical charges of sexual assault against his step granddaughter when she was aged between 9 and 12 years old. Following a 4-day trial in the District Court at Perth our client was found not guilty on all charges.

Police failure to disclose evidence leads to Stirling Gardens Magistrates Court dismissing Arson charge
Our client, a 45-year-old Geraldton man, was charged with criminal damage and criminal damage by fire after the premises he was renting was partly damaged by fire. After several adjournments for detectives to disclose evidence in the case we successfully made an application to the Magistrate to have the charge thrown out. During committal proceedings in Stirling Gardens Magistrates Court both charges were dismissed before the matter was listed for trial following our submissions that police had failed to disclose all evidence against our client.

Magistrate rules 'No Case to answer' on charge of criminal damage
Our client, a 31-year-old man from a south eastern suburb of Perth, was charged with criminal damage to a motor vehicle in a shopping centre car park. At trial the prosecution produced an eye-witness to the incident who noted down the car registration number of the man who caused the criminal damage. During cross examination the eye-witness admitted that he had discarded the piece of paper on which he recorded the car registration details. At the close of the prosecution case we submitted that without the piece of paper noting the car registration number the prosecution was unable to prove what the registration number of the car was and accordingly could not prove it was our client who committed the damage. The Magistrate agreed and ruled there was no case to answer. The prosecution was ordered to pay costs.

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