RESULTS

Unlawful Assault & Criminal Damage / Withdrawn

Case: Withdrawal of charges for family violence incident.

Our client’s partner had mental health issues. She alleged our client kicked open a door that damaged a wall and pushed her over. Our client denied that he assaulted or caused any damage. He explained in his police interview that the wall was already damaged and that he didn’t touch his partner.

Charges/ Ch1 (unlawful assault); Ch2 (criminal damage)

Result/ All charges withdrawn

Our client’s partner did not want our client charged and made a statement of no complaint. Our lawyer negotiated with police to have the charges withdrawn after a case review and lack of evidence against our client. Our client was applying for Permanent Residency which would have been affected if the charges were not withdrawn.

Recklessly Cause Injury/ Community Corrections Order (Jail Avoided)

Case: Jail avoided for vigilante attack.

Our client was told by a third party about a serious allegation involving a sexual offence against a minor. He took it upon himself to find and assault the alleged perpetrator, smashing his car window and dragging him out out of the car assaulting him even more.

Charges/ Ch1 (intentionally cause injury); Ch2 (recklessly cause injury); Ch3, 5, 6, 7 (unlawful assault); Ch4 (criminal damage)

Result/ Ch1, 3, 5, 6, 7: withdrawn;  Ch2, 4: Community Corrections Order without Conviction

Our lawyer argued that there were inconsistencies in the evidence provided by the complainant and that our client had no prior criminal history. We successfully negotiated with police to drop the most serious charges and all the assault charges. Despite the seriousness of the incident, our client made full admissions and was remorseful. The magistrate took this into account in not convicting him and placed him on a corrections order with a $2,500 fine.

Drug Trafficking / Community Corrections Order (Jail Avoided)

Case: Jail avoided for trafficking Methamphetamine.

Our client’s house was raided and police found small quantities of drugs. Our client was cooperative and provided his phone PIN number which revealed one sms exchange of trafficking drugs.

Charges/ Ch1 (drug trafficking); Ch2, 4, 5, 6 (drug possession); Ch3 (drug use); Ch7, 8, 9 (possess imitation firearm); Ch10 (possess proceeds of crime); Ch11 (possess ammunition)

Result/ Ch1, 3, 10: withdrawn;  Ch2, 4, 5, 6, 7, 8, 9, 11: Community Corrections Order with Conviction

Our lawyer negotiated with police to drop the most serious drug trafficking charges as the selling was not protracted and was limited to one sms. Our client would have certainly been jailed if trafficking was not dropped as he had a prior history for selling drugs.

Drink Driving / Withdrawn

Case: Admissions made without caution lead to dropped drink driving charges.

Our client had stopped in a rest area on a highway removing himself from a verbal argument with his partner. Police had reports of a car that matched our clients, found our client and asked him to complete a breath analysis from which he blew over 0.13 which would lead to a mandatory 13 months licence disqualification.

Charges/ Ch1, 2 (drink driving)

Result/ All charges withdrawn

The charge required that police prove our client had been drinking within the prior 3 hours. The evidence against our client was his admissions that he had been drinking. However our lawyer submitted that our client had not been cautioned as to his right to silence and his admissions were inadmissible. Without the admissions police would have had no proof and agreed to withdraw the charges.

Intentionally Cause Injury / Withdrawn

Case: no Memory of assault after Psychotic break.

Our client had consumed drugs and had unresolved mental health issues. He allegedly assaulted the complainant who claimed he lost a tooth from the assault. Client was picked up by police in a nearby pub an hour later but could not recall the incident.

Charges/ Ch1 (intentionally cause injury); Ch2 (reckless cause injury); Ch3 (unlawful assault)

Result/ All charges withdrawn

Our lawyer raised issues of identity in that the complaint did not identify our client in a line up; as well as that the complainant’s statement had been drafted by a Vietnamese interpreter, however there was no statement by the interpreter that he had done so. Accordingly our lawyer argued that there is no valid complaint. Police agreed to withdraw because the complainant had decided he did not want to make a further statement.

Unlawful Assault & Criminal Damage / Withdrawn

Case: police drop charges for family violence incident.

Our client had an argument with his partner. Police alleged that he smashed a plate and pushed his partner without any statement from his partner. Our client denied that he caused any damage and assaulted her. 

Charges/ Ch1 (unlawful assault); Ch2 (criminal damage)

Result/ All charges withdrawn

Our client’s partner did not want our client charged and made a statement of no complaint that clarified what had happened. Police withdrew the charges.

19 Serious Drug Charges Reduced to 1 Charge of Drug Possession / Adjourned Undertaking Without Conviction

Case: Weak Police Case Leads to 18 Drug Charges being Dropped.

Police lost sight of a car they believed was driving evasively at 2am. Police saw our client and his girlfriend walking down a street and believed them to be the owner of the car. They searched our client and found a plunger in his pocket and car keys. This led to search of the car, an airbnb and our client’s home where a large amount of drugs were found.

Charges/ Ch1, 2, 3, 4 (drug trafficking); Ch5, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19 (drug possession); Ch9, 10 (possess controlled weapon); Ch16 (possess prohibited weapon)

Result/ Ch 1-6, 8-19 withdrawn; Plea to Ch7: adjourned undertaking without conviction

Our lawyer requested disclosure of police notes and body camera footage and spot tests of all drugs. Of 10 police involved no notes were taken, only one officer had body cam and spot tests of some drugs were inconclusive or there were no spot tests at all. It was raised that the police search was unlawful as our client had not consented to the search and police had no warrant. The matter had dragged on for over 2 years and it was agreed with the prosecutor to reduce the charges to a single charge of possession.

Sexual Assault, Reckless Cause Injury, Threat to Kill / Withdrawn

Case: Serious Charges From allegations by vindictive ex-partner. 

Our client found out his ex-partner had cheated on him during their relationship. The ex-partner contacted police three months after an incident she claimed our client sexually assaulted her and physically abused her. Eight months after her complaint, she produced photos showing alleged injuries from the incident. Police charged our client.

Charges/ Ch1 (sexual assault); Ch2 (recklessly cause injury); Ch3 (criminal damage); Ch4 (threat to kill)

Result/ All charges withdrawn

Our lawyer obtained evidence from our client that after they had broken up, and after the date of the alleged incident, our client and his ex-partner remained in contact as friends. We obtained defence witness letters from corroborative witnesses that outlined that it was the complainant was the person who was manipulative and abusive. We also requested police to produce the original HEIC images of the alleged injuries. IPhones allow you to change the date of photographs and it was our suspicion that the injuries may have been caused at a later date and then the date of the photograph back dated. Police agreed to withdraw the charges at the first instance.

Unlawful Assault / Withdrawn

Case: Couple’s argument leads to assault charge.

Our client was in an abusive relationship and on a work visa. His partner forbid him from speaking to his parents and family overseas. On the day of the incident, he called his family and his partner found out and she hit him with some furniture. He tried to restrain her to calm her down. She called the police alleging she was assaulted and our client charged.

Charges/ Ch1 (unlawful assault)

Result/ Charge withdrawn

Our lawyer obtained extensive character evidence of previous false complaints made to police by our client’s partner in their home country, as well as a counselling report that recommended his partner attend an anger management course. Police took on board our submission and agreed to withdraw the charge.

Unlawful Assault / Withdrawn

Case: Rage over a disabled parking spot.

Our client was unaware he parked in a disabled parking spot. The complainant, a 70 year old male, claims that he politely told our client to move his car after which our client abused and assaulted him. Our client denied he assaulted the complainant and instead claimed that the old man was abusive and spat at him, causing our client to push the complainant away.

Charges/ Ch1 (unlawful assault)

Result/ Charge withdrawn

Our lawyer obtained the prior criminal history of the complainant which showed a history of violence. The complainant also said that his glasses and expensive watch were broken in the assault, however he provided a photo of his injuries showing grazes to his arm – in that photo his watch and glasses were unbroken. Our lawyer indicated that our client will contest the charge and that the complainant has no credibility in relation to his account. The police promptly withdrew the charge.