Recent Cases

Free entry at your risk

Our client’s association with negative peer influences led to embroilment in a police investigation and search of his house, the outcome of which was several charges including burglary as the most serious in terms of potential consequences. As the father of a young child, our client was terrified at the prospect of being imprisoned.

Our client accepted he had been involved in the burglary, however, denied that he had caused damage to force entry to the premises. The premises had been unoccupied and not secured for weeks, such that our client believed it to be abandoned. On reviewing the disclosure materials, we identified that the property owner’s statement expanded the window of opportunity for the damage observed by police over a total period of two months, as well as forensic reports connecting several additional persons of interest to the potential damage to gain entry into the premises. In light of this evidence, the prosecution accepted our client’s position that he did not force entry into the premises and believed it to be abandoned at the time he took property from within it.

Our client was sentenced to an intensive supervision order, avoiding his greatest fear of imprisonment and allowing him to remain in his son’s life serving his punishment in the community.

Take your time to avoid time

Our client and his on/off again partner enjoyed far too many drinks one evening, which took a bad turn into a punch up in which both parties gave as good as they got. As is often the outcome, police considered our male client to have been “the primary aggressor” and he was charged with Aggravated AOBH. Without the benefit of legal advice and unrepresented, our client walked into court and entered pleas of guilty to the charges, hoping that would be the end of it. Na?ve expectations turned to horror when the prosecutor urged the Magistrate to impose an immediate term of imprisonment as punishment.

Our client was granted an adjournment and was led to our Team. We reviewed his situation and set about preparing an application, supported by affidavits and written legal submissions, to set aside his guilty pleas. The application succeeded at the hearing and we requested that his charges be set down for trial. On the day of trial, his partner who was the principle prosecution witness and had long since forgiven our client for what occurred on that untidy evening, did not attend court. The prosecution was left with no option but to discontinue the charges.

Game day a washout

Our client was in the midst of an acrimonious divorce, in which his ex-wife was playing every possible legal angle to make his life difficult. Her latest practice was to complain of restraining order breaches, leading to our client being charged with seven alleged offences, the pettiest of which included attending his daughter’s netball games. When we were engaged, we immediately identified that five of the charges were doomed to fail, as the clauses allegedly breached were clauses of the Family Court issued parenting orders, not the Magistrates Court issued restraining order. With respect to the remaining two charges, we identified a positive defence for one, and determined that the prosecution would have difficulty proving the other.

We made a submission to the prosecution in which we brought their attention to these deficiencies. After two months, we received a two line response, advising that all charges would proceed. The month of trial arrived and the half expectant email arrived the afternoon before the trial was to commence advising “the prosecution will discontinue all charges tomorrow”. Our client was both relieved that justice had prevailed and frustrated that justice had taken so long to prevail, the latter emotions easing on learning of the significant costs award made by the court in his favour.

Off ya bikes

Our client was an avid cyclist who found himself charged with assaulting a teenage boy and causing him to suffer bodily harm. During one of his bike rides, he encountered a group of teenage boys on electric scooters being deliberately foolish and obstructionist, to their own detriment, when one of the teens fell off their scooter. Our client also fell off his bicycle. That teen alleged our client grabbed him by the collar and punched him 5-6 times to the head. Our client vehemently denied that he assaulted the teen but did acknowledge that he had no choice but to throw one punch in self-defence.

The teenagers retreated and our client was able to continue his ride home. He later saw a social media post online about the incident, which did not bear an accurate reflection of the actions of the respective parties involved. Our client surrendered himself to the police station. He was subsequently charged and contacted us for representation.

We reviewed the disclosure material, identifying weaknesses in the prosecution case and a strong prospect of securing an acquittal for our client. We advised our client to plead not guilty and proceed to trial, however, before the matter was due to be set down for trial, we succeeded in negotiating a discontinuance of the charge.

A will, a way and a skinned cat

Our client was on remand in Hakea Prison, with six pending criminal charges involving aggravated assaults and breaches of FVROs, and a second  FVRO against him. We were initially engaged for a bail application, which unfortunately, did not succeed. We turned our attention to resolving the matter so our client did not have to spend more time in custody than the seriousness of the charges warranted.

Within days of being engaged, we secured prosecution agreement to discontinue two of the charges we immediately identified as being duplicitous. We determined that two minor breach FVRO charges for which he had no arguable defence, should be condensed into one charge and the prosecution also agreed with our assessment. With this change in circumstances, we secured our client’s release on bail.

We were of the view that our client had a viable defence to the remaining two charges and had the matter listed for trial. Whilst on bail awaiting trial, we assisted our client with the FVRO matter, and the FVRO was ultimately withdrawn. On the day of trial, the prosecution witnesses did not attend to give evidence, and the prosecution was forced to discontinue the two charges. As for the one charge he had entered a plea of guilty to, we obtained a suspended fine and a spent conviction order.

Show me your BAdGe

Our client was charged with stealing a bag of groceries and assaulting a police officer by spitting at him as he and an IGA staffer prevented her from leaving the scene, waiting for back up to arrive. The police officer was not on duty but was in his Aussie uniform which included a singlet, shorts and thongs. The police officer momentarily pulled out his police badge, but did not place her under arrest. Our client did not believe he was a police officer. As the groceries had been retrieved before she left the store, our client just wanted to get out of there and was growing frustrated by her continuing detention.

We reviewed all the footage available from the incident and were of the view that we could successfully defend the allegation of assaulting a police officer. On the morning of the trial, the prosecution was motivated to engage in negotiations. We were able to have the charge substituted to an offence of common assault, and to massage the facts to remove reference to spitting, instead, acknowledging that there had been a bit of pushing and shoving of the IGA staffer as our client attempted to leave the scene.  The matter then proceeded to a sentencing, in which we persuaded the Magistrate to impose a [suspended] fine, payment of which would only be triggered if our client were to be commit an of an offence in the next 6 months.

Slip, slop, drop

Our former client, a young man in his 20’s, called us after being charged with failing to comply with his reporting obligations, which came into effect after he was convicted of sexual offending against a child. A year into his reporting period, and after a week of working overtime with very little sleep, he forgot to attend a Friday appointment with the Sex Offender Management Squad (SOMS). On realising his slip-up, our client immediately call SOMS but their office was closed. Over the weekend he continued trying to contact SOMS via email and telephone to explain his oversight was not deliberate, to no avail. First thing on Monday morning he contacted SOMS, who were not dissuaded from proceeding to charge our client for non-compliance. Our client desperately wished to avoid another conviction against his name. We provided the prosecutor with a submission to discontinue the charge, who ultimately agreed there was no public interest in prosecuting our client and discontinued proceedings against him.

Woes at Coles

Our client engaged our services in a state of utter despair and stress after being charged with an offence of stealing, after failing to pay for several items totalling approximately $300.00 at his local Coles self-service checkout station.

Coles personnel intercepted our client and the unpaid items were immediately returned. Our client had never been in trouble with the Police and he considered the charge to be antithetical to his values. When he came to us, he had not been sleeping properly and was consumed with thinking about the ramifications for him and his young family. As an engineer who was required to travel overseas for work, a conviction was going to pose a detriment to his future. After reviewing the material disclosed by investigating police, we formed the view that our client had a defence to the charge. He entered a plea of not guilty and the charge was listed for trial. Shortly before trial, we provided the prosecution with a submission to discontinue the charge, which was accepted, much to the relief of a client whose desired outcome was consistent with preserving his esteemed reputation in his family and community.

Pilot’s potential protected

Our client was a young man with aspirations of becoming a commercial pilot. After two years of intensive training and examination, our client was on the brink of securing his wings.

A potential obstacle struck one night, when our client was stopped by police whilst driving on his way home, and was required to submit to a random breathalyser test. Our client acknowledged he had consumed alcohol earlier in the night, however, the blood alcohol content reading which was much higher than he had anticipated.

Our client was prepared to plead guilty to the charge. He was deeply concerned about the impact of a recorded conviction on his career, given the nature of the offence, and the possible inferences which could be drawn from potential employers as to his character and reliability.

It is notoriously difficult to succeed on an application for a Spent Conviction Order at sentencing, where the relevant offending is traffic or drink-driving related. It is rarely the case that a traffic conviction will genuinely hinder a person’s ability to maintain or secure employment or cause a person to suffer any other detriment. In other instances, the Court may even consider it is in the interests of the community that the conviction be recorded.

Undeterred by the challenge ahead, we prepared comprehensive submissions and collated numerous character references, each highlighting our client’s genuine remorse, his otherwise exemplary character, and the impact of a recorded conviction on his future prospects. At sentencing, the Magistrate was persuaded on the evidence presented, to exercise his discretion to grant the application for a spent conviction order.