Results

Diversion for Drug Trafficking – Unlawful Direction To Provide Phone Pin

June 17, 2025

Case: Young Offender Granted Diversion for Trafficking Cannabis

Police executed a search warrant on our client’s home and found Cannabis. They arrested our client outside of the property and seized his phone requiring him to provide a Pin number or being charged with an offence for failing to assist. The phone contained SMS messages that indicating trafficking of Cannabis.

Charges/ Ch1 (Traffick Cannabis); Ch2 (Possess Cannabis); Ch3 (Deal with property reasonably susptected to be proceeds of crime); Ch4 (Dealing with proceeds of crime); Ch5 (Possess prohibited weapon)

Result/ Ch2, Ch4, Ch5 withdrawn. Diversion granted on Ch1 & Ch3.

Police initially refused to agree to a Diversion which would mean that our client escapes any criminal record. Our lawyer argued that the direction to provide a phone PIN was unlawful as our client’s phone was seized off warrant premises. As the evidence for trafficking rested solely on phone messages, the prosecution agreed to a Diversion given our client’s youth, lack of criminal history and mental health issues. The charge relating to a prohibited weapon was withdrawn as the objects were a toy and could not cause an injury.

Reckless Conduct,Dangerous Driving Pursued By Police And Evade Police Withdrawn / Fine, Without Conviction

December 7, 2024

Case: Alleged CBD Police Chase Against Ducati Rider Found To Be False On Review of Footage.

Our client was riding his Ducati in the CBD with a group of friends also on motor bikes. He was later charged with dangerous driving while being pursued by police.

Charges/ Ch1 (Dangerous Driving Pursued By Police); Ch2 (Dangerous Driving); Ch3 (Evade Police); Ch4 (Reckless Conduct Endangering Serious Injury); Ch5 (Reckless Conduct Endangering Life); Ch6 (Disobey Red Light); Ch7 (Drive On Tram Tracks)

Result/ Ch1, 2, 3, 4, 5 Withdrawn; Ch6, 7 Plea Guilty: Fine Without Conviction, No Loss Of Licence, Costs Awarded Against Police

Our lawyers reviewed all the police camera footage and noted inconsistencies in police statements as to what was shown in the footage. At a Contest Mention Hearing, the Magistrate failed to see the reckless conduct or dangerous driving. Despite this, the prosecutor sought to adjourn the matter to a Contested Hearing. Prior to the the Hearing, the prosecutor offered to withdraw charges 1 to 5 which carried mandatory licence losses. Our client sought costs from Victoria Police which was granted by the magistrate as we had made prior offers to resolve on the less serious charges that were not in dispute.

Dangerous Driving Pursued By Police Withdrawn / Adjourned Undertaking, Without Conviction

December 7, 2024

Case: Midnight Police Chase Resolved on Lower Charge.

Our client allegedly drove dangerously in the early hours of the morning by driving through stop signs and give way signs at speed while being pursued by police.

Charges/ Ch1 (Dangerous Driving Pursued By Police); Ch2 (Dangerous Driving); Ch3 (Evade Police); Ch4 (Possess Drug Of Dependence)

Result/ Ch1, 2, 4 withdrawn; Ch3, plea guilty: adjourned undertaking without conviction, mandatory 6 months licence loss

Our lawyers reviewed all the police camera footage and noted that no lights on police vehicles were on at the time that our client was being pursued. Further police stated that drugs “fell” out of our client’s pocket, however on review of the bodycam footage it was clear that the drugs were already on the ground and it could not be said that they belonged to our client. Prosecution agreed to resolve the matter on the lesser charge of evade police with all other charges withdrawn. While our client lost his licence for 6 months which is the mandatory minimum, the more serious charges which were withdrawn carried a 1 year mandatory minimum loss of licence.

Hoon Offences / No Licence Loss, Fine Without Conviction

November 7, 2024

Case: Hoon Case Resolved On Plea After Rejecting Sentencing Indication

Our client was charged with driving a dedicated track vehicle on a road near his property. His axel snapped and he ended up in a ditch.

Charges/ Ch1 (Driving Disqualified); Ch2 (Use Fraudulent Number Plate); Ch3 (Drive Unregistered Vehicle); Ch4 (Use Vehicle with Mistaken Number Plate); Ch3 (Use Unregistered Vehicle)

Result/ Ch4 withdrawn; Ch1, 2, 4, 5 plea guilty – fine without conviction, no licence loss

Our lawyers negotiated a withdrawal of charge 3 and sought a sentencing indication on the basis of the prosecutor and police conduct in using our confidential communications with them to fill gaps in their case. The magistrate indicated a licence loss even though it would mean our client losing his job and not being able to visit his kids who were 150km away. Our client rejected the indication and we had the matter moved to Melbourne for a plea of guilty. Our client provided us with some further plea materials and the magistrate did not exercise their discretion to further suspend him on the basis that he was relicensed, needed it for work, and there was no subsequent offending.

ANOM Phone Case Trafficking Firearms / Community Corrections Order, Jail Avoided

October 30, 2024

Case: Jail avoided in ANOM encrypted phone case.

Our client was arrested as part of the ANOM case where an encrypted phone was developed by the FBI in association with the Australian Federal Police (AFP) and distributed by the AFP. No phone was found in our client’s possession, however the AFP intercepted communications that were said to have been attributed to our client showing that he had trafficked firearms.

Charges/ Ch1 (Trafficking firearms); Ch2 (Possess firearm); Ch3 (Commit indictable offence on bail)

Result/ Ch2, 3 withdrawn; Ch1 12 month Community Corrections Order with 70 hours unpaid community work, with conviction.

Our lawyers cross-examined the AFP during Committal and were critical that the AFP and FBI were complicit by their actions in assisting users of the ANOM phone in committing crimes and entrapping them. Further, the lawfulness of intercepting messages by the AFP was called into question and is likely to take years for a decision from the High Court.

Our client had spent a lengthy time on remand prior to being granted bail and was on strict bail conditions. He sought a plea resolution to finalise the matter and move on with his life. We negotiated concessions with the prosecution and reduction of charges. Prosecution sought further jail time. Our barrister argued that a Community Corrections Order is in range on the basis of the time our client spent in custody, years of onerous bail conditions which were fully complied with, rehabilitation, as well as giving up valid defences. The magistrate was persuaded not to jail our client and impose a CCO with unpaid community work.

Theft of Motor Vehicle Charge Withdrawn

October 2, 2024

Case: Ex-Gf Turned & Reported Run Around Car Stolen On Bf

Client had come from a long day and had an argument with his ex-girlfriend. He decided to defuse the situation by leaving and used her father’s beater to get to where he wanted to go. He’d used it many times before and didn’t need her permission but she insisted on contacting police and an investigation occurred even though the car broke down a mile away from the house it departed and was recovered within an hour.

Our client was charged with theft of motor vehicle which carries a mandatory 2 year licence cancellation. He

Charges/ Ch1 (theft of motor vehicle);

Result/ Ch1: withdrawn;

Client had maintained his innocence and provided everything necessary to our BCL lawyer who succesfully negotiated the matter through to a contest mention and continued to apply pressue on the prosecution and police informant. Our disclosure requests were comprehensive and the 000 call recording was not forthcoming. At the contest mention, the charge was withdrawn without costs.