Our 18 year old client was facing trial on assault charges arising from an incident in which she disciplined a child under her care. One week before the trial was due to commence, the prosecution finally agreed with submissions we had made six months earlier that there was no reasonable prospect securing a conviction. The assault charges were dismissed and our client was awarded $6,600 in costs.
We were contacted by an anxious and stressed client days before a court hearing involving a third driving under the influence of alcohol charge. Our client was concerned about the prospect of a prison sentence and nervous about attending court to appear before a Magistrate. We reassured our client that we could deal with the matter on her behalf and without the need to attend court - which we did and successfully persuaded the Magistrate to impose minimum penalties despite this being the client’s third DUI offence.
Our client approached us for assistance after a falling out with his previous lawyer. The only problem was, our client had already pleaded guilty to a serious drug manufacturing charge and was facing sentence in the District Court. After reviewing the evidence, we determined our client could not at law be convicted of that offence and should never have pleaded guilty to it. Prosecutors accepted our submission to discontinue the manufacture charge and replace it with a simple drug possession offence. We represented our client for sentencing in the Magistrates Court and were able to limit the penalty to a fine and the bonus of a Spent Conviction Order.
Our client was charged with being in possession of child exploitation material after police examined his phone during the execution of a Misuse of Drugs Act search warrant. We prepared a public interest submission for the prosecution, in which one of our arguments was that a jury would entertain reasonable doubt that the person in the images was in fact a child. The prosecution agreed with our submission and discontinued the charge.
Police relied on CCTV footage to allege that our client was responsible for ‘keying’ a car at a suburban shopping centre. We were of the view that the footage would fail to implicate our client beyond reasonable doubt and advised our client to proceed to trial. The prosecution repeatedly delayed the trial as a result of an uncooperative complainant, however, we succeeded in persuading the Magistrate to refuse any further adjournments. The damage charge was dismissed, our client acquitted and received a $7,000 costs award.
Since his convictions for serious drug offences in 2004 our client was living with the stigma and impediments attached to his criminal record, particularly his career goals and freedom to travel. We worked closely with out client, his friends, family and associates to prepare and present a thorough written submission to the District Court to declare his serious drug convictions spent. Our application was successful at the hearing and our client is now free to travel and progress his career without being discriminated against because of those convictions.
Our client was charged with Aggravated Assault Occasioning Bodily Harm against his ex-partner. Our client maintained the alleged ‘assault’ was done in self-defence. We obtained the ex-partner’s medical records for her hospital admission and used them at trial to demonstrate she was severely intoxicated at the time of the alleged offence and was an unreliable witness. Our client was acquitted of the charge and awarded costs of $15,000.
Our client was charged in the Children’s Court with a string of offences arising out of a vehicle stop for a random breath test. The prosecution alleged that when police attempted to open the driver’s door, the driver took off at speed – through a school zone – while a police officer’s hand was stuck in the door handle. We argued the prosecution could not prove our client was the driver beyond reasonable doubt. At trial, we established that the prosecution’s star witness positively identified the wrong person as the driver, while mistakenly believing that person to be our client. Our client was acquitted of all charges and awarded costs of $15,000.
Our client was charged with state offences of possession of child exploitation material and one federal offence of use carriageway to access child exploitation material. After making detailed public interest submissions both the Commonwealth DPP and the WA DPP agreed to discontinue all charges.
Our client was charged with assault occasioning bodily harm. The alleged offence occurred in the early hours of the morning at a popular Northbridge venue. The prosecution alleged our client picked up an empty bottle and struck the complainant to the head, causing a laceration. At trial we argued our client acted in self-defence in response to the complainant’s aggression, accidentally striking the complainant while not remembering there was a bottle in our client’s hand. The trial magistrate was not satisfied the prosecution had proved its case. Our client was acquitted and obtained costs of $6,000.00.
Our client was involved in a brawl outside a popular music venue in the early hours of the morning. Our client was tackled to the ground by police officers and, in the course of the arrest, he punched one of the police officers several times in the head. Police charged our client with Assault public officer and Obstruct public officer. At trial, our client was acquitted of the more serious charge of Assault public officer and convicted of the Obstruction charge. Our client received a modest fine, and we successfully applied for a spent conviction order and obtained costs from the prosecution in the amount of $3,000.
Our juvenile client was tried on one count of committing a home burglary and two counts of setting fire to the same home, the second occasion resulting in its complete destruction. For tactical reasons, we elected to have a trial before a Supreme Court judge and jury, rather than by the President of the Children’s Court. After a 5-day trial involving both of his co-offenders implicating him in varying degrees in the alleged offences and evidence of our client's DNA on items stolen from the house, it took a unanimous jury just over two hours to return not guilty verdicts on all counts.
Our client, in his late 20’s, was charged by police with assault occasioning bodily harm. The prosecution alleged that our client, along with his two work mates (who were also charged) committed the assault in the early hours of the morning outside the Crown Casino. Our client was charged almost one year after the alleged assault. At trial, the prosecution produced CCTV footage and two eye-witnesses who placed our client at the scene and gave evidence as to his involvement. Following a 3-day Magistrates Court trial, our client and the two accused were acquitted and the prosecution were ordered to pay our costs in the amount of $10,000.
Our client, a man in his 20s, pleaded guilty to possession of child exploitation material, which was found on his mobile phone. The prosecution argued for an immediate term of imprisonment. We persuaded the District Court not to impose imprisonment or a suspended imprisonment order. Our client was placed on a short community-based order and we successfully obtained a spent conviction order, despite opposition from the prosecution.
Our client and two other Pilbara men were charged with entering a man's home and demanding payment of a debt before assaulting the man with weapons and leaving with thousands of dollars in cash stolen from the man and his partner. During the 7-day trial the jury heard from the victim and his girlfriend who both testified that our client, who was known to each them, was one of the assailants involved in the assault and a party to the robbery. During cross examination we presented CCTV footage from our client's home proving that the female partner of the victim had attended our client's home and stayed overnight with him in the days following the assault whilst her partner, the victim, was undergoing emergency surgery in a Perth hospital. The cross examination placed considerable doubt on the veracity of her testimony that our client was in any way involved in the vicious assault on her partner and questioned the ability of the victim to positively identify our client as being involved. The jury deliberated for less than 15 minutes before returning verdicts of not guilty on all charges in respect of our client and both co-accused.
Our client was charged with being in possession of ammunition for which she did not have a licence. The prosecution case was that the police searched our client’s home after serving her with a 72-hour police order and located the ammunition in our client’s locked gun cabinet. At trial, we successfully argued the police had no power to enter or search our client’s home under the police order or any other legislation. The trial magistrate agreed and all evidence relating to the ammunition was thrown out. Our client was acquitted of the charge and we obtained costs of in excess of $9,500.
Our client was charged with stealing a motor vehicle and driving recklessly to escape a police pursuit. The registration plates on the stolen car were registered in our client’s name, and when the vehicle was recovered by police a few days after the pursuit, our client’s DNA and fingerprints were found inside the car. The two police officers involved in the pursuit of the stolen vehicle both claimed to positively identify our client as the driver of the vehicle. Despite what appeared to be an overwhelming prosecution case, we persuaded the trial magistrate the evidence did not prove, beyond reasonable doubt, that our client was the driver. Our client was acquitted on all charges and obtained a substantial costs order.
Our client, in his mid 20's, was charged by police with failing to provide a PIN for a mobile phone found in the centre console of the car he was driving. We took the matter to trial and succeeded in having the charge not proved and the prosecution was ordered to pay our costs.
Our client was charged with stabbing his wife and his wife’s father during a heated family dispute in their shared home in the eastern suburbs. After repeated submissions were made to the prosecution to discontinue the charges the prosecution decided, at the eleventh hour, to withdraw the charges. We were also successful in obtaining a costs order against the prosecution.
Our client in his early 20s was charged after a high-speed pursuit one evening in Perth’s northern suburbs. Our client was the sole occupant and driver of the speeding van. Police managed to stop our client and pulled him from the driver’s seat in a dramatic arrest and immediately detected the strong smell of cannabis emanating from the back of the van. Upon searching the van, police found almost half a kilogram of cannabis. Our client was charged with reckless driving to escape police pursuit and possession of cannabis with intent to sell or supply. After successful negotiations with the police our client pleaded guilty to reckless driving without the circumstance of aggravation, namely to escape police and thereby avoided a mandatory jail sentence. We advised our client to plead not guilty to the possession of cannabis charge and we took the matter to trial on the basis that our client did not know the pungent cannabis was in the van. At trial our client was found not guilty of the possession of cannabis charge and was awarded costs of $5,500.00.
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.
Our client a man in his 20's 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.
Our northern suburbs client aged in his late 30s was charged with rape after having a brief sexual encounter with a casual female employee in 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.
Our female client, in her mid-20s, 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.
Our female client, in her mid-20s, charged with a serious offence of Aggravated Unlawful Wounding had her charge dismissed following our successful negotiations with the prosecution. The prosecution agreed to pay our costs of $4,400.
Our 17-year-old client from the northern suburbs was found not guilty after a 2-day trial where the identity of the offender was in issue. Prosecution ordered to pay costs of $12,000.
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.
Following a 2-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.
Following a 3-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.
Our female client, in her mid 20s, 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.
Our female client aged in her late-20s was charged with possession of methylamphetamine when police raided a house where she was visiting and a clip seal bag of methylamphetamine was placed in her purse. She was charged and disputed knowing that the drugs were in her purse. We represented her at trial and had the charge dismissed and were awarded costs in the amount of $8,800.00.
Our female client, in her mid 40s, 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.
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.
Our client, a public servant in his 30's, 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.
Our client, a retiree in his 70's from Perth's southern suburbs, was charged with 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.
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.
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.
Our client was 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 unanimiously found our client not guilty.
Our client, a refugee from Africa aged in his mid-20's, 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.
Our client, a man in his 20's from a town in the south-west, 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.
Our client, a disability support pensioner in her 40's, 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.
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.
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.
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.
Our client, in his late 20’s, was charged with stealing as a servant from a metropolitan furniture store. We took the matter to trial and at at the end of the prosecution case we successfully argued the prosecution could not possibly prove our client was the offender. The Magistrate agreed with us that there was no case to answer. The charge was dismissed and costs of $4,000.00 awarded.
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.
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.
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.