Results

Appeal To District Court / Full Acquittal

November 7, 2023

Case: Full acquittal of family violence charges on appeal to the District Court.

Our client is carer for her elderly mother. Another sibling (complainant) over the course of 20 years had engaged in conduct that saw her being leaseholder of the mother’s property. Our client attended the property with her mother looking for items that were put in the family tip – land that in the past, the complainant arranged to have transferred to herself at a time that her father, who was the title holder, was suffering dementia. On retrieving the items, the complainant intercepted our client and her mother leading to allegations of assault, criminal damage to a mobile phone and trespass.

Charges/ Ch1 (Trespass); Ch2 (Assault); Ch3 (Criminal Damage)

Result/ Full acquittal of all charges

At hearing in the local court, a magistrate dismissed the assault and trespass charges on the evidence of another witness present at the time and also found the complainant not to be credible. She found our client guilty of criminal damage to a mobile phone because our client admitted that she swiped the phone out of the complainant’s hand. Our client appealed in the district court on the basis that the extent of damage to the phone could not have been caused by our client as the phone landed on soft ground. The judge agreed and dismissed the remaining charge.

Handling Stolen Goods / Adjourned Undertaking Without Conviction

November 6, 2023

Case: Purchase of Mercedes Leads to Theft Charges.

Our client purchased an unregistered Mercedes in cash from a buyer advertising on the side of the road with a for sale sign. He contacted the seller and purchased the vehicle in cash, also obtaining a receipt. Police tied the car to an aggravated burglary and alleged that our client stole the vehicle.

Charges/ Ch1 (Theft of Motor Vehicle); Ch2 (Negligently Deal with Proceeds of Crime); Ch3 (Handling Stolen Goods)

Result/ Withdrawn: Ch1, 2: Plea Guilty: Ch3 (Handle Stolen Goods) adjourned undertaking without conviction and no loss of licence

Our lawyer provided an alibi for the theft charge that he was at home at the time. Our argument is that the police could not prove the element of dishonesty. Prosecution could not credibly provide a reason as to how they can prove the element but refused to withdraw because there are other family members with criminal histories for theft. This is an instance we come across frequently where police impugn guilt on clients because of other family members prior conduct. Our client instructed to ask for a sentencing indication as he’d been on bail for over a year and the magistrate conceded that our client was naive, young and accordingly provided a favourable sentence which he accepted. Notwithstanding our client had a strong case to contest the charges.

Jaywalking / Withdrawn

October 17, 2023

Case: Man versus Car – Pedestrian Hit By Careless Driver Has Charge Withdrawn.

Our client was crossing an intersection in the evening. When halfway through the crossing a driver turned into the intersection and struck our client causing injuries. Instead of charging the driver, police charge our client with jaywalking. Later the driver sent our client a bill for damage to her car.

Charges/ Ch1 (jaywalking)

Result/ Charge withdrawn

The driver provided dash cam footage to police which we sought disclosure of. The footage showed our client clearly in the crossing with the driver not slowing at all and failed to drive with due care and attention. We drew this to the attention of the prosecution and questioned why the driver was not charged with careless driving. On consideration, the prosecution withdrew the charge.

Recklessly Cause Injury & Drug Possession / Withdrawn

September 7, 2023

Case: Security guard charged for ejecting Drunk & violent Patron.

Our client was charged following ejection of a drunk patron at a nightclub who assaulted security staff and made threats to kill. The patron claimed that our client punched him 3 times and caused an injury to his nose.

Charges/ Ch1(recklessly cause injury), Ch2(possess a drug of dependence)

Result/ All charges withdrawn

Our lawyer argued that our client acted in self-defence. We reviewed the CCTV footage that showed the patron assaulting other security guards which showed him walking into the tip of an umbrella held by another guard. It also showed that our client did not punch the patron 3 times as alleged. We argued that the injury was likely caused by the tip of the umbrella. Our client refused to plead guilty and took the matter to a contested hearing. Prior to the hearing date the prosecutor withdrew the charges. This is an example of the inequity of police charges where they pick and choose who to charge. Our client was happy with the result and could move on with his life, but could not work until his case was resolved due to his security licence being suspended. He intends on making a complaint against the patron.

Dealing with Proceeds of Crime / Withdrawn

August 22, 2023

Case: Proceeds of Crime Charges Withdrawn Against Partner of Suspect.

Our client is married to a person charged with drug trafficking and proceeds of crime charges. Police charged our client on the basis of money and property she had that they alleged were proceeds of crime.

Charges/ Ch1, 2, 3 (Knowingly Dealing with Proceeds of Crime); Ch4, 5, 6 (Recklessly Dealing with Proceeds of Crime); Ch7, 8, 9 (Dealing with Property Suspected to be Proceeds of Crime)

Result/ All Charges Withdrawn

Our view was that our client was charged to apply pressure on our client’s partner to plead guilty. We drafted an application for discontinuance on all charges on the basis that police could not prove that a) the goods and money were proceeds of crime and b) that our client either knew or was reckless to the fact that the property was proceeds of crime. A solicitor also attended our client’s police interview where they told her she was an “import” and had no clue what her husband was up to. This statement assisted our client’s case in establishing that she had no knowledge. We provided substantial material showing the provenance of the money in our client’s bank account and what she knew of her husband’s business and income earning activities at the time she moved in with him after they were married. Prosecution advised their intention to withdraw all charges.

Culpable Driving Negotiated to Careless Driving / $600 Fine Without Conviction

June 27, 2023

Case: False Statement By Traffic Controller Leads To Withdrawal of Culpable Driving Charges.

Our client was driving through a amber traffic light when he struck a cyclist who went through a red pedestrian crossing. The cyclist died and was found to have alcohol and drugs in his system. Police alleged that our client was speeding at over 80kmph in a 40kmph work zone. Our client denied there were any 40kph signs out. Despite police not doing their job and conducting a video walk through after the accident, they relied on a traffic controller statement that said the signs were put out and checked.

Charges/ Ch1 (Culpable Driving); Ch2 (Dangerous Driving Causing Death); Ch3 (Reckless Conduct Endangering Life); Ch4 (Reckless Conduct Endangering Serious Injury); Ch5 (Careless Driving)

Result/ Withdrawn: Ch1, 2, 3, 4

Plea Guilty: Ch5 (Careless Driving) $600 fine without conviction, no loss of licence

The prosecutor refused to believe that our client was telling the truth that no road works signs were out and despite police not having done their job. Our lawyer forensically reviewed all the CCTV footage available and found some footage that showed that there were no signs in place where the traffic management plan said they should be. The prosecutor still refused to withdraw the serious charges. We compelled the traffic controller to attend court and cross examine him on the signage. Our lawyer found more footage showing the workers putting the signs out after the accident occurred. The prosecutor had to concede that their witness had lied and agreed to resolve the case on careless driving. Our client is now considering a civil claim against the traffic control company.

Driving Whilst Disqualified / Withdrawn

May 26, 2023

Case: Client contests Driving Whilst Disqualified charge on Defence of honest reasonable belief.

Our client attended VicRoads to have his driver licence reissued after he was disqualified until he provided a medical report. He paid the fee and was told by the staff member that his licence will be updated on the day. Our client was intercepted by police the next morning at 2am and informed that he was disqualified from driving.

Charges/ Ch1 (driving whilst disqualified)

Result/ Charge Withdrawn

The prosecutor initially refused to withdraw the charge even though our client had the defence of honest and reasonable belief that he was licensed at the time of driving. We advised our client to take the matter to a Contested Hearing. Prior to the Hearing, a new prosecutor contacted our lawyer and offered to withdraw the charge.

Trafficking Withdrawn / $800 fine With Conviction for over 40 grams of drugs

May 8, 2023

Case: Routine traffic intercept locates traffickable amount of drugs.

Our client was stopped by police whilst crossing the street in the eastern suburbs. Police officers made observations of our client possibly being drug affected and was then searched under provisions of the Drugs, Poisons & Controlled Substances Act. Police seized 4 ziplock bags containing over 44 grams of methylamphetamine and 40 xanax pills along with over $3,000 in cash. Our client made a no comment interview.

Charges/ Ch1 (Traffick Drug of Dependence); Ch2 (possess Methylamphetamine); Ch3 (Possess drug of dependence); Ch4 (Deal with cash suspected to be proceeds of crime)

Result/ Withdrawn: Charge 1 (trafficking), 3 (possess drug of Dependence)

Plea Guilty: Ch4 (Possession of over 40 grams of Methylamphetamine); Ch4 (Deal with cash suspected to be proceeds of crime): With Conviction fined $800

Our lawyer negotiated to resolve the matter principally on a possession charge as there was no evidence that our client engaged in any sales or transactions with respect to the drugs. Matter proceeded as a sentence indication whilst our client was in custody for other matters and a Magistrate agreed that in all the circumstances, a fine with conviction was appropriate.

Recklessly Cause Injury / Withdrawn

May 4, 2023

Case: Argument between sisters leads to police charges.

Our client was charged following an argument with her sister about cheating with her ex-partner. This led to a situation with pushing and shoving and an allegation of choking. Our client made admissions in relation to the incident.

Charges/ Ch1(recklessly cause injury), Ch2(Unlawful Assault)

Result/ All charges withdrawn

Our lawyer argued that our client’s admission was inadmissible due to it being procured by a Victoria Police trial of using body worn camera recordings of a complainant’s interview. Our lawyer found out that to be admissible, the recording needed to have been backed up by a written statement by the complainant. In this case the complainant was unwilling to make a statement against her sister. Without our client’s admissions, police agreed to withdraw all charges.

ATO Fraud, Commercial Trafficking Withdrawn / Community Corrections Order Without Conviction

April 28, 2023

Case: ATO fraud leads to commercial trafficking charges.

Our client’s house was raided. He lived with 4 other people. Police were looking for documents relating to false GST returns and found a small amount of drugs in his room and a commercial amount of drugs in the garage.

Charges/ Ch1, 2, 17, 22 (Recklessly deal with proceeds of crime); Ch3 (Traffick commercial quantity of drugs); Ch4 (traffic drug of dependence); Ch5, 6, 7 (Possess drug of dependence); Ch8, 11, 20, 25 (Negligently deal with proceeds of crime); Ch9,, 13, 18, 23 (Obtaining property by deception); Ch10, 14, 15, 16, 19, 24 (Knowingly deal with proceeds of crime); Ch12, 21, 26 (Deal with property suspected to be proceeds of crime)

Result/ Withdrawn: Charge 3 (commercial trafficking), 5, 7 (possess drugs) ; Ch1, 2, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 (Proceeds of Crime)

Plea Guilty: Ch4 (trafficking by weight); Ch6 (possess methamphetamine): Community Corrections Order, 12 Months, without conviction

Our lawyer negotiated to resolve the matter principally on trafficking simpliciter on the basis that there was no evidence of actual trafficking; and the Methampetamine found in our client’s room. At our client’s plea it was argued that our client was a first time offender and a conviction would affect his ability to travel and work.