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2020

February 2020

Burglary and Assault charges defeated

Our client was a professional business woman who found herself in a toxic relationship which lead to allegations that she entered the home of her former partner and assaulted him. We approached the case by firstly identifying the weaknesses in the evidence on the charge of burglary and making a submission to the prosecution, which was accepted, to discontinue it. Secondly, we identified a strong defence of provocation on the assault charge and advised our client to proceed to trial. On the day of trial, the prosecution failed to procure the attendance of any witnesses and we successfully opposed their application to adjourn the trial. The charge was dismissed and our client awarded costs.

Charges dropped for driving tragedy

On a sunny Saturday afternoon in 2019, our client was driving home from the gym. He slowed down as a pedestrian crossed the street, when without warning, the pedestrian’s brother stepped out in front of our client’s vehicle. There was nothing our client could do to avoid the collision, and unfortunately the brother died from his injuries. Our client was charged with dangerous driving occasioning death. We filed a submission with the ODPP (WA) arguing that our client could not in law be found guilty as there was nothing about our client’s driving behaviour which was dangerous or even careless, and that the deceased – who had travelled from Europe to visit family in WA – failed to look in the direction of oncoming traffic before crossing the street. The prosecution accepted our submission and the charge was discontinued.

Suspended imprisonment for stale drug charge

In 2015 our client had been charged with possession with intent to sell or supply a quantity of methylamphetamine located in his car after testing positive to the substance during a random roadside drug test. Our client was not dealt with by the Court for the charges and was eventually arrested on the outstanding warrant in 2019, when we took control of the matter. At sentencing in the District Court, we were able to demonstrate that it would be counter-productive and contrary to the interests of the community to imprison our client, in circumstances where our client was rehabilitated, drug-free, employed and not the same person he was when arrested in 2015. Our client was placed on a suspended imprisonment order and free to continue his life in the community.

Rare sentence imposed for child pornography

Our client was a 75-year-old man charged with being in possession of child exploitation material and other obscene articles. After reviewing the disclosure material and instructions given by our client, we advised him to plead guilty to the charges. At sentencing in the District Court, we argued that given our client’s flawless antecedents, previous good character and the impact of any term of imprisonment on his elderly wife, he was not a vehicle for general or specific deterrence and did not mandate the ordinary standard of an immediate sentence of imprisonment. The sentencing judge agreed with our strong submissions and imposed a conditionally suspended term of imprisonment, an exceptionally rare outcome for offending of this type.

January 2020

Conviction spent after nightclub brawl

Our client was a 24 year old man with a history of alcohol fuelled convictions for which he was given the benefit of a spent conviction. He came to us for assistance with a serious assault charge arising out of an incident in a Northbridge nightclub. Our client was concerned that a further conviction would impede his employment options. After reviewing the evidence, we advised our client to plead guilty to the charge for which he was ordered to pay a reasonable fine of $2000. Despite our client having previously received a spent conviction order we were able to persuade the magistrate to grant our client a second spent conviction order in relation to this matter, enabling our client to pursue his career on a mine site. 

Unlawful wounding charge dropped and costs awarded

During an altercation inside a Mandurah night spot, our client was alleged to have thrown a glass at the victim’s face, causing wounds and bleeding to the  face. The evidence disclosed by the prosecution did not establish a strong case against our client and we promptly engaged in negotiations with the prosecution to have the charge discontinued. The prosecution was not persuaded to discontinue the charge. We maintained our advice to the client that the case against him was weak and he pleaded not guilty to the charge. Four weeks before the trial date we were contacted by the prosecution. The prosecutor had revised our submission and agreed to discontinue the charge against our client. The charge was formally discontinued and we successfully sought costs against the prosecution for the legal fees our client incurred as a result of being charged.

2019

December 2019

Corruption charges dismissed

Our client initially contacted us after he pleaded guilty to corruption charges on his own representation and was due to be sentenced in the District Court. Upon undertaking a critical assessment of the evidence, we identified that it was unable to lawfully support a conviction of the offences. We immediately applied and were successful in setting aside our clients pleas of guilty, transferring the charges back to the Magistrates court where they were dismissed with costs awarded in our clients favour. 

Client avoids jail term for serious assault charge

Our client was a young man in his 20s, employed as a civil engineer with no prior convictions and facing a term of immediate imprisonment following a serious assault and injuries requiring surgical intervention on a drunken night out. We advised our client, who was extremely remorseful for his behaviour, to plead guilty to the charge. We articulated persuasive sentencing submissions which resulted in the imposition of a fine payable to the victim of the assault and a suspended term of imprisonment. 

Second spent conviction for music festival drug seizure

Police conducting searches outside a music festival found our client in possession of LSD tablets and other drugs, charging him with intent to sell or supply them. As our client had made full admission to Police when interviewed, we advised him that his best chances of obtaining a spent conviction order was to demonstrate an acceptance of responsibility and remorse by pleading guilty to the charges. Prior to sentencing, we were made aware that our client had a previous drug conviction which he disputed the facts of. We successfully applied to have that conviction set aside and re-dealt with, obtaining a spent conviction orders and fines for both the prior offence and the new charges.

Nightclub brawl results in fine and spent conviction

Our client was extremely intoxicated when she decided to intervene in the forceful ejection of her husband from a popular Perth night spot. After security guards tackled her to ground, she bit a Police officer on the leg in the course of a forceful arrest. We worked closely with out client with a view to identifying and explaining to the Court the trigger for our client on the night and the unlikelihood of its repetition. The Court accepted our submissions, imposing a fine and granting a spent conviction order.

Spent Conviction order for fake medical certificates

Our client, a nurse, was charged with forging medical certificates provided to her employer. We were able to sympathetically explain the circumstances in which the offences were committed and that a community based order with counselling and community service requirements would best serve the interests of our client and the community. Spent conviction order for dishonesty offences are ordinarily challenging to procure, however, we successfully persuaded the Magistrate to grant our client a spent conviction order in respect of each of her 10 convictions so as to not allow these convictions to detrimentally impact her nursing career.

November 2019

Client changes lawyers, pleas and succeeds at trial

Our client sought our assistance after having received advice from his previous lawyers in relation to pleading guilty to a charge of trespass and not guilty to charges of possessing of a prohibited drug and common assault. We conducted an independent assessment of the evidence and advised our client that he had a viable defence on all charges. We prepared and represented our client on a successful application to change his original guilty plea to trespass and thereafter proceeded to trial on all three charges. Our client was found not guilty of trespass and assault and costs were awarded in his favour. Although our client was convicted of possessing the prohibited drug he received a nominal fine and was granted a spent conviction order. 

Assault charges dropped

Our client's employer instructed her to assist a foreign student, who had been the subject of a distressing eviction from her lodgings by the host mother and her daughter. During the course of assisting the student pack her belongings, amid a background of mocking commentary and ridicule by the host mother and daughter, our client was alleged to have assaulted the pair, which she denied.

We entered into negotiations with the prosecution to have the assault charges against the host mother and daughter dismissed. The prosecution agreed with the submission in relation to the daughter but insisted in proceeding to trial in relation to the host mother. On the morning of the trial and prior to its commencement, we gave the prosecution the opportunity to re-consider its position in light of evidence that we had uncovered which suggested the host mother had significant and highly questionable credibility issues. 

The assault charge against the host mother was dismissed by the prosecution and our client was awarded costs.

October 2019

Jury finds client not guilty of dated sex assault allegations

Our client was recently alleged to have sexually assaulted a teenage woman some twenty years ago when he too was just 21 years old, when they were members of a religious congregation. Our client denied the allegations and after a four day trial, a jury took just one hour to deliver not guilty verdicts on all charges.

Client who took rap for ‘mates’ found not guilty

Our client was alleged to have committed a home burglary, theft of a motor vehicle and a string of fraud offences using credit cards stolen during the burglary and admitted as such when interviewed by police following her arrest. However, we proceeded to trial on the basis that whilst our client did drive the stolen vehicle and engage in the fraudulent use of the credit cards, our client mislead police in admitting she committed the home burglary in an effort to shift responsibility from other people. The jury accepted our client’s position in taking just over an hour to deliver a verdict of not guilty on the home burglary charge.

September 2019

Client awarded costs after allegations by ex-girlfriend discontinued

Our client was charged with assaulting and causing bodily harm to his long-term girlfriend and potentially facing a term of imprisonment. We advised our client to defend the allegations at trial as his account of events aroused a defence of self-defence which had strong prospects of success. On the day of the trial the complainant did not wish for the matter to proceed and without her testimony, the prosecution had no evidence to offer and had no choice but to discontinue the serious assault charge. Not only was the charge dismissed, our client was awarded his costs from the prosecution.

August 2019

Not guilty of causing mate's injury

Our client and his friend (complainant) were enjoying a regular pastime of four wheel driving on sand dunes north of Perth when the car rolled after driving in a wide circle went awry. The complainant had been riding on the outside of the 4WD driven by our client and was crushed when the vehicle rolled. Despite a protracted two-year legal dispute and immense stress on our client, in a three day District Court trial a jury took just an hour to absolve our client of criminal responsibility for the life threatening injuries sustained by the complainant in the tragic accident. 

Jury acquits in altercation between neighbours

Our client was alleged to have caused grievous bodily harm to her neighbour (complainant) by pushing her to the ground and causing her spine to fracture. The alleged assault occurred against a complex and acrimonious backdrop and varying eye witness accounts of the incident, which we submitted to the jury was sufficient for them to entertain reasonable doubt as to the veracity and accuracy of the complainants evidence and the manner in which the injury was sustained. After a four day trial the jury took just two hours to deliver a unanimous not guilty verdict. 

July 2019

Assault on police officer charge downgraded

Our client was the victim of a domestic violence incident in his home when Police entered and asked for his personal details. Police subsequently alleged our client assaulted one of the attending police officers. We were confident that the charge could be resolved by skilful negotiation with Police to avoid a trial and unnecessary expense and stress to our client. Police were receptive to our client's version of events and explanation for his actions inside his home. The assault charge was downgraded to obstruction and the sentencing facts were amended consistent with our submission to Police. He received a fine and a spent conviction order.

Breach VRO charges dismissed with costs

Our client was charged with two offences of breaching a Family Violence Restraining Order against his ex-partner. On the day of the trial police failed to secure the attendance of a key prosecution witness and the prosecutor applied to adjourn the trial. We successfully opposed the application forcing the prosecution to offer no evidence and the charge was dismissed with costs.

June 2019

Police agree to drop charge

Our client who is subject to sex offender reporting obligations was charged with failing to report his return travel from interstate. We prepared an extensive submission explaining and justifying the failure to report and outlining the detrimental consequences for our client should he be convicted for the offence. Prosecutors agreed with our submission that it was not in the public interest to continue with the charge and withdrew it, sparing our client significant distress and expense in defending the matter at trial.

April 2019

Allegation of theft - 11 day trial

After police executed a search on our client’s home they found her in possession of a large number of brand clothing items, allegedly stolen from the clothing store at which she had previously worked as manager. The initial charge was stealing as a servant. It was then amended to possession of stolen or unlawfully obtained property. Following an 11-day trial in the Perth Magistrates Court our client was found not guilty and we obtained costs. All of the seized clothing was returned to her.

March 2019

Domestic violence allegation dismissed

Our client was a Brisbane resident who was alleged to have assaulted his partner whilst on holiday in Perth. We were able to negotiate not only his non-attendance for every court date in Perth (and thereby avoiding unnecessary expense and interference with his employment) but the dismissal of the charge after the prosecution agreed with our detailed written submissions. A trial was avoided. The entire matter was dealt with by our firm without the need for the client to return to Perth.

Refusal to provide passcode - charge dismissed

Following a Police search of his vehicle, our client was charged with giving false personal details, driving without a licence and refusing to provide the pin or passcode to his phone. The passcode was required to assist Police in the investigation of a potential drug possession charge. Our client was concerned to protect his privacy and did not wish Police to access personal information on his phone. We negotiated with the Police to have that charge discontinued. Our client readily pleaded guilty to the remaining minor charges for which he was fined and granted a spent conviction order and ... he got his phone back.

Breach of VRO charge dismissed

Our client, who was the subject of a VRO, unwittingly entered the workplace of a person protected by the VRO and was charged with breaching the order. We did not believe our client ought to unnecessarily incur the expense and stress of defending the charge at trial. We negotiated successfully with the prosecution to dismiss the charge, on the basis that it was an inadvertent breach and not in the public interest to prosecute the matter in the circumstances.

February 2019

Client walks free on murder and manslaughter charges

Our client was fishing with a friend on the Swan River in the early hours before Christmas Eve 2017. He heard a racial slur coming from a group of people and confronted them, making it clear he did not appreciate the intoxicated or aggressive disposition of one man. That man charged at him without warning. Our client reacted to the coming threat by placing his arms up to protect his face, unaware that he was still holding a screwdriver. The angle at which he held the screwdriver caused the charging man to make contact with the tip. Our client’s submission was that the death was a result of a tragic accident. Following a five day Supreme Court trial, the jury only took one hour to decide our client was not guilty. Clearly they had little difficulty accepting our client's testimony.

January 2019

Heavy-handed charges against nanny dismissed

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 our submissions made six months earlier, that there was no reasonable prospect of securing a conviction. The assault charges were dismissed and our client was awarded costs.

2018

December 2018

Harsh penalty for 3rd DUI offence avoided

Only days before a court hearing involving a third driving under the influence of alcohol charge we were contacted by an anxious and stressed client who was concerned about the prospect of a prison sentence. She was also 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. We then persuaded the Magistrate to impose minimum penalties. Our client was obviously ecstatic given this was her third DUI offence.

November 2018

Serious drug charge. Guilty plea set aside.

Following a falling out with his previous lawyer a new client approached our team for last minute assistance. The difficulty was our client had already pleaded guilty to a serious drug manufacturing charge and was facing sentence in the District Court. Upon review of the evidence, we determined our client could not be convicted of that offence and should never have been persuaded to plead guilty. 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.

Child pornography charge discontinued

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. Our argument was that a jury would entertain reasonable doubt the person in the images was in fact a child. The prosecution agreed with our submission and discontinued the charge.

October 2018

Charges forced to be dropped, costs awarded

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 costs award.

Criminal past no longer a bar

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. 

September 2018

Not guilty of assault on ex-partner

A charge of Aggravated Assault Occasioning Bodily Harm was levelled against our client. He maintained the alleged ‘assault’ against his ex-partner was done in self-defence. We obtained medical records for the hospital admission and used them at trial to demonstrate his ex-partner was severely intoxicated at the time of the alleged offence. We submitted she was an unreliable witness. Our client was acquitted of the charge and awarded costs. 

Assault on police officer acquittal

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 beyond reasonable doubt our client was the driver. Our team established that at trial and our client was acquitted of all charges. Costs were awarded.

August 2018

Child porn charges dropped

Our client was charged with State offences of possession of child exploitation material and one Federal offence of carriageway use to access child exploitation material. After making detailed public interest submissions to both the Commonwealth DPP and the WA DPP it was agreed that all charges would be discontinued. 

July 2018

Serious assault - nightclub bottling incident

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.

June 2018

Assault on police officer

A brawl erupted 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. The Police charged our client with Assaulting and Obstructing a public officer. At trial, our client was acquitted of the more serious charge of Assaulting a public officer and convicted of the Obstruction charge. He received a modest fine. We successfully applied for a spent conviction order and obtained costs from the prosecution.

May 2018

Arson charge - Jury acquits juvenile

Our juvenile client was tried on one count of committing a home burglary and two counts of setting fire to the same home. On the second occasion the fire resulted 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 to varying degrees 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. 

April 2018

Assault occasioning bodily harm

Almost one year after an alleged assault Police charged our client with assault occasioning bodily harm. The prosecution alleged he had committed the offence in the early hours of the morning outside the Crown Casino. His two work mates were also charged. At trial, the prosecution produced CCTV footage and two eye-witnesses who placed our client at the scene and gave evidence claiming his involvement. Following a 3-day trial, our client and the two accused were acquitted and the prosecution was ordered to pay costs.

Child pornography charge

Our client, a man in his 20s, pleaded guilty to possession of child exploitation material found on his mobile phone. The prosecution argued for an immediate term of imprisonment. We persuaded the District Court not to accept the prosecution’s argument. Instead, our client was placed on a short community-based order and we achieved a spent conviction order.

March 2018

Aggravated armed robbery and grievous bodily harm

Our client and two other Pilbara men were charged with entering a home and demanding payment of a debt. It was alleged thousands of dollars in cash was stolen from a man and his partner. The man was then allegedly assaulted. Weapons were involved. During a 7-day trial the jury heard from the victim and his girlfriend who both testified that our client, who was known to each of them, was one of the assailants involved in the assault and also a party to the robbery. During cross examination we presented CCTV footage from our client's home proving the female partner of the victim had attended our client's home and stayed overnight with him in the days following the assault. At the same time her partner, the victim, was undergoing emergency surgery in a Perth hospital. Further cross examination raised considerable doubt on the veracity of her testimony that our client was in any way involved in the vicious assault on her partner. It also raised questions about 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. 

February 2018

Client acquitted of Firearms Act charge after evidence thrown out at trial

It was alleged our client was in possession of ammunition for which she did not have a licence. The prosecution case relied on a police search of her  home after she was served with a 72-hour police order. The ammunition was located 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 Orders or any legislation. The trial magistrate agreed and all evidence relating to the ammunition was thrown out. Our client was acquitted of the charge and costs were awarded.

Motor Vehicle theft and high-speed police pursuit

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 police recovered the vehicle 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. 

January 2018

Failing to obey a data access order

Police charged a man in his mid-20s 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 costs.

2017

November 2017

Aggravated unlawful wounding

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.

July 2017

Possession of cannabis with intent to sell or supply

A high-speed pursuit Perth’s northern suburbs resulted in our client being charged. He was the sole occupant and therefore driver of the speeding van. After stopping the vehicle police pulled him from the van in a dramatic arrest. The strong smell of cannabis was detected. 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. We entered into negotiations with the police. Our client then pleaded guilty to reckless driving (not with the intention of escaping the 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 he did not know the cannabis was in the van. At trial our client was found not guilty of the possession of charge.

Aggravated sexual penetration acquittal by jury

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. 

May 2017

DPP agrees to downgrade drug dealing charge

Possession of methylamphetamine with intent to sell or supply was the charge against our client. The quantity of drugs was almost three times the quantity that gives rise to such a presumption. 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.

Sexual penetration without consent

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. It was 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 the jury unanimously acquitted our client.

April 2017

Withdrawal of common assault charge

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 Police Prosecutors the charge was dismissed at a very early stage.

February 2017

Aggravated unlawful wounding charge withdrawn 

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.

January 2017

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 2-day trial where the identity of the offender was in issue. The prosecution was ordered to pay costs.

2016

December 2016

Grievous bodily harm jury acquittal

The prosecution alleged our client and his father-in-law jointly assaulted our client’s father with a shovel and a baseball bat in March 2015. The complainant suffered serious and potentially life-threatening injuries. In our client's defence, we submitted 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. Our client, who elected not to give evidence, maintained he was not present during the altercation. 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.

September 2016

Reckless driving to escape police pursuit  

Following a 2-day hearing in a northern suburbs Magistrates Court, a 28-year-old man avoided a mandatory 6-month prison sentence. It was alleged our client was the driver of a vehicle that was driven recklessly, failed to stop and ultimately crashed after being pursued by two police vehicles exceeding speeds of 160kph.The Magistrate dismissed a series of charges The prosecution was ordered to pay costs.

April 2016

Grievous bodily harm acquittal by jury

Following a 3-day trial in the Perth District Court, the jury acquitted our 25-year-old client who had been charged with grievous bodily harm. It was alleged she had struck her husband in the face with an empty vodka bottle, causing serious injury. We argued self-defence. The question of reasonable doubt arose and the prosecution failed to disprove our argument. The jury rejected the husband's version of events.

Serious traffic charges dropped

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. Our team assessed the evidence and determined 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 a suburban Magistrates Court the prosecution eventually agreed they could not prove the charges and offered no evidence. The charges were dismissed and our client was awarded costs.

March 2016

Methylamphetamine possession charge

Our female client aged in her late-20s was charged with possession of methylamphetamine. The police had raided a house 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. Costs were awarded against the prosecution.

February 2016

Aggravated common assault charge dismissed

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 the Magistrate agreed with our submission. We argued 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.


 

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.

Drug charges against public servant dropped after public interest submission

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 for his new job. We reviewed the evidence and made a public interest submission to the Police. We outlined the reasons why the evidence was insufficient; why it could not prove our client knew the supplement he used contained the recently prohibited DMAA. The prosecution dismissed both charges after three appearances in the Magistrates Court.

Jury trial on sexual abuse charges

Our client, a retiree in his 70's, was charged with serious allegations of sexual penetration and indecent dealings against his two daughters and a 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.

Horse stealing charge

A Station Overseer in the Pilbara, was charged with stealing as a servant and unlawfully using an animal, namely cattle belonging to his employer. We determined the prosecution would be unable to prove our client had a fraudulent intent when taking the horse. We also argued he had reasonable grounds for believing he had permission to use the employer's cattle. Our client pleaded not guilty on our recommendation. The prosecution eventually agreed (on the morning of the trial) it would be unable to prove the charges and offered no evidence. The Magistrate dismissed the charges and ordered the prosecution pay costs.

Mandatory imprisonment avoided for Reckless Driving

Our client, a 21-year-old man was charged with reckless driving to escape a police pursuit. If proven, the offence would carry a mandatory sentence of 9 months imprisonment. After successful negotiations with Police the charge was downgraded to reckless driving and following a plea in mitigation in Joondalup Magistrates Court our client avoided a prison sentence.

Not guilty of arson

Our client was charged with deliberately setting fire to a motor vehicle which was completely 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 unanimously found our client not guilty.

Judge rules 'no case to answer' on charge of Deprivation of Liberty

A refugee from Africa was charged with aggravated assault occasioning bodily harm and deprivation of liberty. During trial in the District Court at Perth we made a successful application that our client had no case to answer in respect of the charge of deprivation of liberty due to lack of sufficient evidence. A judgment of acquittal was entered on that charge. After the trial was aborted the charge of aggravated assault occasioning bodily harm was discontinued.

210 alleged beaches of VRO dismissed

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.

$10,000 extortion alleged after oral sex with doctor

Our client, a disability support pensioner in her 40's, was charged with extorting her 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. The prosecution tendered an audio recording made the same day. Our client told the jury she felt she had been used by the doctor for his sexual gratification and he had 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. There was no 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

Our client, a man in his mid-20s, was charged with indecently dealing with his 5-year-old step daughter. Our client denied the allegation claiming it was motivated by the child's mother to get favourable Family Court orders. Our client contacted us soon after he was arrested. We were able to view the child's police interview at a very early stage and immediately identified problems with the child's version of events. A detailed submission to the Office of the DPP was made. We submitted there was no reasonable prospect of a conviction. The submission was accepted and the charge was discontinued after only two mentions in the Magistrates Court.

Aggravated common assault charge dismissed at trial

Our client, a man in his 20s, was charged with aggravated common assault. On the morning of the trial in the Armadale Magistrate’s Court the prosecution conceded there was insufficient evidence to proceed and the charge was dismissed. The prosecution was ordered to pay costs.


 

2013

Not guilty on serious charges of sexual assault

Our client, a man in his late 50s, 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.

Stealing as a servant: no case to answer plus costs awarded

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 successfully argued the prosecution could not possibly prove our client was the offender. The Magistrate agreed that there was no case to answer. The charge was dismissed and costs awarded.

Sexual assault charge acquittal

Our client, a man in his late 50s, 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.

Arson charged dismissed. Police failed to disclose evidence

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 the Magistrates Court both charges were dismissed following our submissions.

Magistrate rules 'No Case to answer' on charge of criminal damage

Our client, a man in his early 30s, was charged with criminal damage to a motor vehicle in a car park. The prosecution produced an eye-witness who noted the car registration number of the man who allegedly caused the criminal damage. During cross examination the eye-witness admitted he had discarded the piece of paper on which he recorded the car registration. We submitted that without the piece of paper the prosecution was unable to prove the registration and accordingly could not prove it was our client who committed the damage. The Magistrate agreed. There was no case to answer. The prosecution was ordered to pay costs.

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