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RESULTS

Exceed Speed by 59kph / Withdrawn

July 23, 2024

Case: Speeding charge withdrawn due to VicRoads administrative error.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 Our client was able to keep his license as the charge was withdrawn.

Trafficking a Drug of Dependence / Withdrawn

July 11, 2024

Case: Speeding charge withdrawn due to VicRoads administrative error.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Result/ Ch1 (Drug trafficking) Withdrawn; Ch2 to Ch8: 12 months license loss, released from prison after 156 time served with a corrections order variation for the previous offending.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

July 4, 2024

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

June 13, 2024

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

March 25, 2024

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

March 25, 2024

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

March 25, 2024

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

February 11, 2024

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.

Drive In A Manner Causing Loss Of Traction / Withdrawn

January 14, 2024

Case: Police Mistaken Squealing Tyres For a Burnout.

Our client accelerated into a corner after the traffic light turned green. Police in a nearby police car heard a squealing noise and intercepted our client and impounded his vehicle for 30 days. Police told our client he did a burnout. Our client refuted that claim and said he had noisy tyres.

Charges/ Ch1 (Drive In A Manner Causing Loss Of Traction)

Result/ Withdrawal of charge

Police made no investigative effort in the incident. Our client immediately returned to the location of the alleged offence and took photos of the road which showed no skid marks. Further it is a defence to the charge if he did not intend to lose traction, which was clear on the evidence. Prosecution initially refused to withdraw the charge because they would have had to reimburse our client’s impound fee. We had costs reserved after the informant attempted to adjourn the contested hearing because he wanted to attend a music festival. Our client later offered to not seek his costs if the charge was withdrawn. We assume the informant got to the festival.

Contested Hearing / Charges Withdrawn by Prosecution

November 10, 2023

Case: Vigilante drill-wielding offender chosen by police as victim in bizarre assault case.

Our client attended a business with his father and brother to pick up his ute which had a toolbox fitted. There was a dispute as to the poor quality of the toolbox and our client went to park his ute outside the business premises to negotiate. The business ordered the employees to close the gates so that our client and his family could not leave. A worker armed with a drill entered our client’s ute assaulting him with it and smashing his infotainment system. Our client pushed the drill man out of his vehicle who then threatened our client’s family with the drill. Our client punched the drill man who then got up still waving the drill attempting to assault our client with it. Police charged our client as the offender.

Charges/ Ch1 (Recklessly Cause Injury); Ch2 (Assault)

Result/ Withdrawal of all charges at Contested Hearing

The incident was captured on CCTV which clearly showed the threat to our client and his family. Our lawyer put forward the position that our client acted in self-defence, defence of another, and defence of property. We also argued that by charging the drill man, police are encouraging vigilanteism. Prosecution refused to withdraw our client’s charges on the clear evidence that the drill man and employees of the business were the offenders. Our client elected to take the matter to a Contested Hearing. In the first 5 minutes the magistrate indicated without hearing any evidence that there will be difficulty finding our client guilty beyond reasonable doubt. This is because our client, his father and brother would give evidence against the drill man, and self-defence would likely be made out due to proportionality of drill vs fist.

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