RESULTS

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.

Excessive Speed Over 45kph / Fine Without Conviction

Case: Client driving at  double the speed limit on the Westgate Bridge avoids conviction.

Our was intercepted by Highway Patrol on the Westgate bridge for driving 97 km/h in a 40 km/h zone as road works were ongoing.

Charges/ Ch1 (Exceed speed by 57 km/h); Ch2 (Drive in closed off lane with red cross)

Result/ Mandatory 12 month license loss, $1,000 fine without conviction.

Our lawyer made submissions to the Magistrate that our client had no criminal priors and provided character references to show evidence of our client’s good character.  The magistrate did not exercise their discretion to impose a loss of licence greater than the mandatory 12 months.

Corrections Breach / Proven & Dismissed

Case: Serious Corrections Order Breach, Dismissed.

Our client was charged with over 100 offences, whilst he was on a Community Corrections Order for serious offending.

Charges/ Ch1 (Breach Corrections Order)

Result/ Proven & Dismissed 

Our lawyer made submissions to the Magistrate that the offending occurred before our client was given medication for his psychosis and that there has been no further offending. Otherwise, our client completed all the conditions of his previous Corrections Order and was performing well on his current order. He was able to walk away without any penalty for the breach.

Drive Without Supervised Driver & Fail To Display L Plates / Withdrawn

Case: Charges Withdrawn On Lamborghini Identity Issue.

Our client was charged after he allegedly pulled up to a bowser at a service station in a white convertible Lamborghini. He filled up petrol, paid for the petrol and left the service station. He was then later charged with having no learner supervisor present and not displaing L-plates. Someone had reported the vehicle as suspicious and after police investigation, police charged our client.

Charges/ Ch1 (Driving Without Supervised Driver); Ch2 (Fail To Display L-Plates)

Result/ Withdrawal Of All Charges

We requested that the prosecution withdraw the charges at the earliest stage based on the fact that the photos of the accused person have characteristics of a middle aged man with a skin fade hair cut. Prosecutions agreed to withdraw the charges without our client seeking costs against them.

Carrying On An Illegal Tobacco Business / Fine With Conviction

Case: Jail Avoided for Carrying On An Illegal Tobacco Business.

Client was charged by police after raiding a gift shop and seizing over $100,000 worth of illegal tobacco and e-cigarettes. The client was working at the gift store and was charged with 4 charges in relation to the search warrant that was conducted. His charges related to the selling and posession of the tobacco and e-cigarettes and also failing to pay over $100,000 in tax.

Charges/ Ch1 (Carry On Illegal Tobacco Business and Avoiding Excise Duty); Ch2 (Possess Schedule 4 Poison); Ch3 (Supply Poison Without Authorisation); Ch4 (Carry on Tobacco Business Knowing Good Were Prohibited)

Result/ Withdraw Ch2, 3, 4; Plea Ch1:$2,000 fine with conviction

We negotiated with police prosecutions on multiple occasions and they agreed to withdraw 2 of the more serious charges involving the sale of the tobacco and e-cigarettes and avoiding excise duty (tax). We then subsequently had the summary of facts on the brief reduced by almost half.  This gave an opportunity for us to seek a sentence indication on the remaining charges.

Drive Whilst Suspended / Fine Without Conviction

Case: Rolled ankle leads to suspended driving charge.

Client was attending a wedding with his wife when she rolled her ankle and was unable to drive home after a night of celebratory dancing. Our client decided to drive home and was pulled over by police after they scanned his registration. Our client admitted to police that his Victorian drivers license was suspended.

Charges/ Ch1 (Drive Whilst Suspended)

Result/ Fine Without Conviction

We conducted a plea of guilty at the earliest stage to demonstrate remorse. Our client had no prior history of driving suspended which spared him a conviction for the charge.

Recklessly Cause Injury & Unlawful Assault / Withdrawn

Case: Passive Person Charged with Assault.

After a night out with his mate, our client found himself in a strange situation. An altercation occurred between our client’s friend and his Uber driver, due to an argument about making a stop at McDonalds. Our client made attempts to diffuse the situation by restraining both parties in an attempt to break up the fight. The Uber driver chased our client and his friend with a rock and our client was later charged with assault related offences.

Charges/ Ch1 (Reckless Cause Injury); Ch2 (Unlawful Assault); Ch3 (Unlawful Assault by Kicking)

Result/ Withdrawal of all charges

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 obtain evidence from a third-party witness who observed the altercation. We had costs reserved after a Contest Mention, as the Prosecution wanted to obtain the witness statement. The Prosecution later offered to withdraw all charges without seeking costs, as they were unable to obtain the witness statement.