RESULTS

Theft of Motor Vehicle Charge Withdrawn

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Result/ Ch1:  withdrawn; 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 At the contest mention, the charge was withdrawn without costs.

Police Messed Up By Laying Only One Charge And The Wrong Charge

Case: Charge of recklessly cause injury withdrawn to no injury

Our client was involved in a dispute at a popular Melbourne nightclub on Chapel st whereby it was alleged he headbutted an individual which he had an argument with. The police Informant took a very long time to charge our client but eventually he received a brief with a single charge for recklessly causing injury. It was only one headbutt so there was no injury fortunately. The appropriate charge in this instance would be an unlawful assault charge which is a summary offence and has a statute of limitations period of 12 months (offender has to be charged within 12 months of date of offence). 

By the time the first mention of the charge in Court, the offence date had passed 12 months. Therefore the police Informant couldnt lay the charge anymore. One of our solicitors raised this issue with a prosecutor and fortunately we had a response from a reasonable prosecutor who agreed and accepted our offer to allow for a withdrawal of charge without costs. 

Charges/ Ch1 ; Recklessly cause injury (s18 of the Crimes Act.

Result/ Withdrawal of charge.

Criminal Damage, Assault Withdrawn / Adjourned Undertaking Without Conviction

Case: Speeding charge withdrawn due to VicRoads administrative error.

Our client was intercepted by Highway Patrol on the Calder freeway for driving at 139 km/h. The Police Officer provided our client with a defective infringement for speeding in an 80 km/h, when the freeway was a 100 km/h zone.

Our client contested the infringement, however he only received a document from VicRoads, stating that he lost his license. Eventually, he was given a Court summons after not driving for 6 months.

Charges/ Ch1 (Exceed speed by 59 km/h); Ch2 (Drive prohibited vehicle)

Result/ 12 month good behaviour bond, complete a road trauma awareness course, without conviction 

Our lawyer negotiated with the Prosecution to withdraw the speeding charge, as we successfully argued that amending the charge would result in our client being charged with a new offence. Our client was able to keep his license as the charge was withdrawn.

Exceed Speed by 59kph / Withdrawn

Case: Speeding charge withdrawn due to VicRoads administrative error.

Our client was intercepted by Highway Patrol on the Calder freeway for driving at 139 km/h. The Police Officer provided our client with a defective infringement for speeding in an 80 km/h, when the freeway was a 100 km/h zone.

Our client contested the infringement, however he only received a document from VicRoads, stating that he lost his license. Eventually, he was given a Court summons after not driving for 6 months.

Charges/ Ch1 (Exceed speed by 59 km/h); Ch2 (Drive prohibited vehicle)

Result/ 12 month good behaviour bond, complete a road trauma awareness course, without conviction 

Our lawyer negotiated with the Prosecution to withdraw the speeding charge, as we successfully argued that amending the charge would result in our client being charged with a new offence. Our client was able to keep his license as the charge was withdrawn.

Series of Burglary Charges

Case: International tourists charged with serial burglaries 

In early 2024, Victoria Police cracked down on a group of Irish tourists commiting burglarties around central Victoria. Apparently this trend had commenced by this particular group in 2019 as part of a roofing scam however due to the manner of offending, their crimes were only being detected in late 2023. 

Our office acted for two individuals accused of burgling more than 20 homes. We acted quickly in summary case conferencing the matter with prosecution within 12 days of arrest and disclosure was not complied with prior to the contest mention which lead to a costs order being made against police for a wasted day in Court.

Accused of burgling more than 20 homes, police relied on circumstancial evidence. Despite Victoria Police utilising significant resources such as police surveillance unit including telephone intercept warrants and vehicle tracking devices, police were unable to catch them in the act or with anything that was able to be directly linked back to any of the offending. Police alleged that the Modus Operandi of this group is what is in common with the rest of the Irish burglary cases you’ll have seen over the news in mid 2024. 

Defence continued to raise issues with respect to the evidence to support the charges and the matter resolved on only 2 burglary charges. 

Matter proceeded by way of a sentence indication whereby one received 6 months and the other received 9 months. THe latter appealed to the County Court and received a reduction in sentence to match the co-accused’ who received 6 months imprisonment noting that he was to be deported immediately thereafter. 

Charges/ Ch1 (s76 Crimes Act Burglary)x 22; 

Result/ Withdrawal of all charges except for 2 burglary charges. Sentence= 6 months imprisonment.

We negotiated with Prosecutions over several months for a withdrawal of charges. The Prosecution initially refused to withdraw the charges because they believed they could rely on the circumstantial evidence of their Modus Operandi and the link to offending vehicles which were never caugh in the act and CCTV resolution was of very poor quality to make our credible identification evidence. We had costs reserved after a Contest Mention, as the Prosecution werent able to provide the requested disclosure material including statements and footage. The Prosecution later agreed to summary case conference with an open mind in attempt to resolve the matter.

Cannabis – Trafficking Charges Withdrawn Resolved on Possession

Case: drug trafficking charges for 1296 grams of cannabis withdrawn despite text-based communication evidence found on mobile phone

Our client’s home was searched by police out of response to an unrelated incident. Drugs were located throughout the property. Although our client wasn’t the target of the warrant, she was charged with drug trafficking due to evidence located on a mobile phone linked to her found at the property also.

Investigators located 1296 grams of cannabis and over $40,000 in cash along with incriminating evidence on a phone linked to our client. At the contesst mention phase of the Court proceedings, our client applied for a sentence indication before a Magistrate who understood that the were issues in the prosecution case preventing an agreement on facts, therefore offered our client a sentence which wouldnt ordinarily be afforded to her if she had pleaded guilty to the prosecution case as it stood at the time. 

Our client relied on character references in support of her matter resolving.

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

Result/ Ch1 & Ch3 withdrawn. Sentenced to a $2,000 fine without conviction on Ch2. No further orders.

Our lawyer negotiated with the Prosecution to withdraw the drug trafficking charge over several months. This may have saved our client from receiving a corrections order to complete unpaid community work.

 

Multiple Counts Trafficking a Drug of Dependence Resolved Efficiently

Case: $15,000 for clean skin drug trafficker convicted of 5 trafficking charges and dealing with proceeds of crime

Our client’s home had a search warrant executed by police at a rental property he resided with other people as part of a room sharing agreement. Drugs were located throughout the property. Our client was the target of the raid however the room mates had personal quantities of drugs in their respective rooms which also lead to them being charged. 

Initially our client was remanded despite having no prior convictions. He knew of our firm through a friend and contacted us immediately so we were able to act quick and he was granted bail overnight. It was an easy application for bail, not just because he had no prior convictions but also because the Coca-Cola bottle which contained the 1,4B had been frozen and the police ‘investigators’ had alleged that this was a commercial quantity of methylamphetamine. However as time passed after seizure and when stored at the police station through the day, the coca-cola bottle defrosted and investigators were forced to admit their mistake which conveniently occured prior to the informant giving evidence in the application for bail. 

Investigators located incriminating evidence on our client’s mobile phone which shifted the strengh of the prosecution case on the trafficking charges however prosecution were not able to meet disclosure requirements which allowed for the matter to efficiently resolve by way of a sentence indication. At the contesst mention phase of the Court proceedings, our client applied for a sentence indication before a Magistrate who understood that the were issues in the prosecution case preventing an agreement on facts, therefore offered our client a sentence which wouldnt ordinarily be afforded to him if he had pleaded guilty to the prosecution case as it stood at the time. 

Our client had significant plea material by way of personal character references and a detailed psychological report detailing a diagnosed mental disorder.

Charges/ Ch1 (Traffick Commercial quantity of Meth); Ch2 (Traffick MDMA); Ch3 (Traffick 1,4B); Ch4 (Traffick Heroin); Ch5 (Traffick Cannabis); Ch6 (Deal with proceeds of crime); Ch7 (Posess drug of dependence); Ch8 (Possess Proceeds of crime $4,077.50)

Result/ Ch1 amended to remove commercial aspect, plea to remaining charges. sentenced to a $15,000 fine with conviction. No further orders

Our lawyer negotiated with the Prosecution to withdraw the commercial drug trafficking charge over several months. This may have saved our client from receiving a corrections order or even a prison sentence.

Discharge A Firearm With Reckless Disregard Of Others / Withdrawn

Case: Drive By Shooting Case Withdrawn.

Our client was charged after he police claimed that he got into a fight with a group of persons at a nightclub and then later on the same day drove by the house of those persons  and fired shots from a handgun. An occupant in the house fired shots back.

Charges/ Ch1 (Discharge A Firearm With Reckless Disregard Of Others)

Result/ Withdrawn During Trial

The police case was highly circumstantial relying on phone tower connections and locations, and that our client owned a similar car at the time (registration plates not visible in CCTV footage).

During the trial at the County Court, our lawyers came upon information that the person allegedly targeted by our client had on two further occasions been shot at.

The prosecution are under an ongoing duty of disclosure of any information helpful to our client. Our lawyers requested all documents relating to the other shootings. The trial was aborted with a new trial set. In the intervening period it was negotiated with the prosecution to discontinue the charge based on the new information our lawyers uncovered.

Exceed Speed by 59kph / Withdrawn

Case: Speeding charge withdrawn due to VicRoads administrative error.

Our client was intercepted by Highway Patrol on the Calder freeway for driving at 139 km/h. The Police Officer provided our client with a defective infringement for speeding in an 80 km/h, when the freeway was a 100 km/h zone.

Our client contested the infringement, however he only received a document from VicRoads, stating that he lost his license. Eventually, he was given a Court summons after not driving for 6 months.

Charges/ Ch1 (Exceed speed by 59 km/h); Ch2 (Drive prohibited vehicle)

Result/ 12 month good behaviour bond, complete a road trauma awareness course, without conviction 

Our lawyer negotiated with the Prosecution to withdraw the speeding charge, as we successfully argued that amending the charge would result in our client being charged with a new offence. Our client was able to keep his license as the charge was withdrawn.

Trafficking a Drug of Dependence / Withdrawn

Case: Speeding charge withdrawn due to VicRoads administrative error.

Our client was intercepted by Highway Patrol on the Calder freeway for driving at 139 km/h. The Police Officer provided our client with a defective infringement for speeding in an 80 km/h, when the freeway was a 100 km/h zone.

Our client contested the infringement, however he only received a document from VicRoads, stating that he lost his license. Eventually, he was given a Court summons after not driving for 6 months.

Charges/ Ch1 (Traffick Meth); Ch2 (Possess meth); Ch3 (Possess ecstasy); Ch4 (Possess Viagra); Ch5 (Drug driving (Meth); Ch6 (Drive whilst suspended); Ch7 (Careless driving); Ch8 (Possess Proceeds of crime $4,077.50)

Result/ Ch1 (Drug trafficking) Withdrawn; Ch2 to Ch8: 12 months license loss, released from prison after 156 time served with a corrections order variation for the previous offending.

Our lawyer negotiated with the Prosecution to withdraw the drug trafficking charge over several months. This may have saved our client from spending extra months in custody, due to how serious the offending was.