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RESULTS

Cultivate Cannabis / Fine, Without Conviction

February 8, 2023

Case: Escaping conviction for cultivating cannabis.

Our client rented a house as a party house and later allowed it to be used for another person to cultivate cannabis. Police found no cannabis at our client’s home but seized $20,000 suspected to be proceeds of crime.

Charges/ Ch1 (Cultivate Cannabis); Ch2 (Theft of Electricity); Ch3 (Negligently Deal with Proceeds of Criminal); Ch4 (Deal with property suspected to be proceeds of crime); Ch5 (possess Cannabis)

Result/ withdrawn: Ch2, 3, 5; Plea Ch1, 4 (reduced sum): Fine without Conviction 

Our client was adamant that he was not responsible for the cannabis cultivation although he was aware of the activity in the house. The money seized at his house was from a loan and we obtained a defence witness letter from the lender. We negotiated with the Office of Public Prosecutions to amend the summary that acknowledged that our client had a minimal role in the cultivation and that he had an explanation as to at least $18,000 of the cash seized. Given the minimal role and lack of prior criminal history, the Judge took a lenient approach to sentencing. The client will also have his $18,000 returned to him.

Recklessly Cause Injury / Withdrawn

February 6, 2023

Case: Withdrawal of charges for family violence incident.

Our client and his partner had an argument that led to a physical altercation. The partner called police to defuse the situation. The partner felt misled by police into making a statement under the belief that no charges would ensue. 

Charges/ Ch1 (Recklessly Cause Injury); Ch2 (Assault); Ch3 (Throw a missile)

Result/ All charges withdrawn

Our client’s partner did not want our client charged and made a statement of no complaint. The partner made her original statement in a highly agitated state and omitted important information that raised a defence to our client that he acted in self defence. Police withdrew the charges as it could not be proven beyond reasonable doubt that our client committed the offences.

Recklessly Cause Injury / Withdrawn

January 13, 2023

Case: Withdrawal of charges from father’s revenge attack.

Our client was young in a relationship with a girl from a different cultural background. Her father was abusive to our client’s family and did not like his daughter being in the relationship. The father lured our client to his home on the pretence to “discuss” his concerns about the relationship. The father attacked our client leaving head injuries. Our client’s mum was a witness and reported the incident to police. The father also made a complaint and police decided to charge our client claiming that our client fractured his shoulder.

Charges/ Ch1 (Recklessly Cause Injury); Ch2 (Assault); Ch3 (Assault)

Result/ All charges withdrawn

We obtained a defence witness statement from our client’s mum, as well as threatening SMS messages from the girl’s father to our client’s family and brought this to the attention of prosecutors. We made submissions that the shoulder injury could not have been caused as the girl’s father alleged and was instead caused by the girl’s father wrestling our client to the ground. The police agreed to withdraw the charges and our client is now considering a personal injury claim against the girl’s father.

Unlawful Assault & Criminal Damage / Withdrawn

October 19, 2022

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.

Elder Abuse / Settled During Trial

October 19, 2022

Case: Lease dispute in the context of elder abuse.

Our client is elderly and owned a substantial property. She misguidedly granted a lease over her land for peppercorn rent to her adult child to assist her in a joint venture to grow vines. Her child used their rights under the lease to gain advantage from our client. There were instances of family violence that led our client to abandon her property. She wanted to terminate the lease have remove her daughter from her property.

Action/ Breach of lease

Result/ Lease terminated and settled during trial

We reviewed the lease and sent breach notices to the defendant, some of which were not remedied and a termination notice was served. The defendant refused to vacate the property. Our client initiated action in the District Court to have the lease declared terminated. During trial, the judge made comments that were consistent with our client’s position. The defendant made contact to settle the case and an agreement reached that included acknowledgment that the lease was terminated.

Recklessly Cause Injury & Assault / Diversion

July 29, 2022

Case: Charged after acting in Self-Defence.

Our client attended a friend’s birthday party at a pub. One of the attendees was drunk and assaulting girls at the party touching them and trying to kiss them. One of the girls was our client’s girlfriend and our client had a verbal argument with the offender who was ejected from the venue. The offender returned later and lunged at our client who then acted in self-defence by kicking and punching the offender. Our client was charged.

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

Result/ Ch1, 2: withdrawn; Ch3: Diversion granted

Our client was on a student visa and if he was convicted it would have affected his application for permanent residency. Initially Legal Aid had carriage of our client’s file and Diversion was refused. Our lawyer successfully negotiated with the prosecutor to withdraw the most serious charges and made new submissions for Diversion which was then granted by a magistrate.

Unlawful Assault & Criminal Damage / Withdrawn

July 29, 2022

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)

July 28, 2022

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)

July 17, 2022

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

July 17, 2022

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.

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