Results

Recklessly/Negligently Cause Serious Injury Withdrawn – Resolved on Dangerous Driving

November 5, 2025

Case: Office of Public Prosecutions Wastes Resources Prosecuting Father For Riding Accident.

Our client was riding with his child on a minibike a short distance to his house to go to the toilet. He was distracted momentarily talking to his child and collided with a parked trailer. The child was injured in the incident.

Charges/ Ch1 (Recklessly Cause Serious Injury); Ch2 (Negligently Cause Serious Injury); Ch3 (Reckless Conduct Endangering Serious Injury); Ch4 (Drink Driving); Ch5 (Dangerous Driving); Ch6 (Careless Driving); Ch7 (Intentionally Cause Injury)

Result/ Ch 1 to 4, 6, 7 withdrawn; Ch5 Plead Guilty (Dangerous Driving): 12 month Community Corrections Order

At the committal hearing the Magistrate discharged our client on recklessly cause serious injury and the reckless conduct charge on submissions by our barrister. We also argued that the police had failed to prove that there was a serious injury. Ultimately we sought judicial input and the judge agreed with our position and encouraged parties to resolve on a lesser summary charge.

Exceed Speed over 45kph, Fail to Comply with s60 Notice – All Charges Withdrawn at Contested Hearing

August 29, 2025

Case: Highway Patrol Officer Misleads Client in Section 60 Rejection Notice.

Our client was served with a Section 60 Road Safety Act Notice requiring him to provide information about a driver who drove his vehicle at over 45kph the speed limit and was captured by a traffic camera. Our client nominated a driver which was rejected by the police officer having spoken to the nominated driver.

Charges/ Ch1 (Exceed speed by 45kph); Ch2 (Fail to comply with s60 Notice); Ch3 (Make misleading statement)

Result/ All charges withdrawn on submissions at Contested Hearing.

We reviewed the police brief and noted that the highway patrol officer did not speak to the nominated driver, instead he spoke with his brother. Despite that, he stated in our client’s rejection letter that he had spoken to the nominated driver “rejected” the nomination. Counsel for our client made submissions that these circumstances were not a valid rejection and ultimately the prosecution agreed to withdraw all charges.

Drug Driving 2nd Time – Adjourned Undertaking, Without Conviction

July 6, 2025

Case: Driver caught for drug driving 2 times in 1 month

Our was intercepted by a routine police booze bus on the Burwood Highway. She tested negative for any alcohol in her breath, however she tested positive on the roadside drug test.

Charges/ Ch1 (Drive with MDMA in oral fluid); Ch2 (Drive with methylamphetamine in oral fluid); Ch3 (Drive with MDMA in oral fluid, alternative charge)

Result/ 12 month good behaviour bond, 12 months license loss, $500 donation to the Court without conviction

We negotiated with the Prosecution to roll up the charges to a single offence of drug driving and provided Court support letters and medical documents to the Magistrate, so that our client only received the minimum mandatory license loss.

Drug Trafficking – Withdrawn

July 6, 2025

Case: Drug trafficker caught after freeway crash

Our client was intercepted by Police after crashing on the Calder Freeway. Police found methylamphetamine on him at the time and later searched his property, where more drugs were found. The total amount of meth was found to weigh 49 grams. Our client also breached his corrections order for drug trafficking, 2 months prior to this incident.

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 (Deal with money suspected of being proceeds of crime.)

Result/ Ch1 (Traffick Meth) withdrawn; Plea Guilty Ch2-8: 12 months license loss, Released from prison after 156 time served with a corrections order variation for the previous offending.

We negotiated with the prosecution to withdraw the drug trafficking charge over several months. Our client was already on a Corrections Order for drug trafficking, so having drug trafficking withdrawn saved our client over 1 year in jail if he plead guilty to that charge.

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.