Charges:

  • Obstruct Police Officer;
  • Wilful Damage;
  • Assaults Occasioning Bodily Harm.

Court Attended:

Cairns Magistrates Court

Attendance Date:

September 2021

Overview of Case:

Our client was charged with punching an associate after a domestic violence altercation broke out in their home and caused them physical harm. The client was alleged to have put holes in walls in the apartment and having spat on a wall in an elevator. They were alleged to be aggressive and resistant with police when police attended the scene.

Our client maintained that they wished to plead guilty to the offence and was accepting of the facts as alleged by police. They had previous criminal history for offending of a similar nature that had occurred within 2 years of the offences they were charged with. The client was a high risk of serving time in custody for the offences.

We provided our client a detailed list of preparations to complete prior to finalizing the matter in court. This included things like a counselling, drug and alcohol rehabilitation and references. Our client completed their preparations as suggested.

Outcome:

Our client was convicted and sentenced to an appropriate fine and 3 months imprisonment wholly suspended, with an operational period of 12 months. They also had to pay $100 in compensation. This was a great result given the facts of the charge.

Charges:

  • Trafficking in Dangerous Drugs;
  • Possessing Dangerous Drugs x 2;
  • Possessing anything used in the commission of a crime.

Court Attended:

Brisbane Supreme Court

Attendance Date:

10 September 2021

Case Details:

Our client was a young person who had no Queensland history, however had spent over 2 years in custody in New Zealand previously. He was charged with a number of drug offences that were very serious, to the point that they had to be transmitted to the Supreme Court. Generally these levels of drug offences lead to actual time served in custody.

Court Result:

Client was sentenced to 3 years imprisonment, with immediate parole and no time spent in custody. This was a fantastic result and the client was extremely happy.

Charges:

  • Obstruct Police Officer,
  • Commit Public Nuisance.

Court Attended:

Southport Magistrates Court

Attendance Date:

September 2021

Overview of Case:

Our client was charged following an incident on a night out drinking which involved them getting into an argument which almost turned into a fight. When police got involved, our client was verbally abusive to the police and became agitated.

Our client maintained that they wished to plead guilty to the offence and was accepting of the facts as alleged by police. They had no previous criminal history.

We provided our client a detailed list of preparations to complete prior to finalizing the matter in court. This included things like a doctor’s letter and references. Our client completed their preparations as suggested.

Outcome:

Our client was convicted and sentenced to a 3-month Good Behaviour Bond. No conviction was recorded. This was a great result given the facts of the charge.

Charges:

Using a Carriage Service to Menace, Harass or Cause Offence.

Court Attended:

Beenleigh Magistrates Court

Attendance Date:

September 2021

Overview of Case:

Our client was charged after sending excessive messages and phone calls to their ex-partner over a few months. There had been 283 phone calls or messages sent to their ex-partner over a 3-week period. The party’s relationship had broken down and the ex-partner had stated she felt she was being harassed. The maximum penalty for this offence is 3 years imprisonment.

Our client maintained that they wished to plead guilty to the offence and was accepting of the facts as alleged by police. They had no previous criminal history.

We provided our client a detailed list of preparations to complete prior to finalizing the matter in court. This included things like a counselling, the men’s behavioural change program and references. Our client completed their preparations as suggested.

Outcome:

Our client was convicted and sentenced to a 6-month Good Behaviour Bond. No conviction was recorded. This was a great result given the facts of the charge.

Charges:

  • Drive Without Due Care and Attention or Drive Without Reasonable Consideration for Other Persons Using Road or Place;
  • Fail to Comply with COVID-19 Public Health Direction.

Court Attended:

Southport Magistrates Court

Attendance Date:

August 2021

Overview of Case:

Our client was charged with one offence before the Court.

We spoke to our client to take their version of events and to obtain detailed instructions. Our client advised that they would be pleading guilty to the offence however were currently residing interstate therefore required a date that would allow them to travel back to Queensland. Our client had no Queensland traffic history or criminal history.

Outcome:

After successful submissions made by our team, our client received a fine for both offences which was referred to SPER.

Charges:

  • Contravention of Domestic Violence Order x 2;
  • Obstruct Police Officer x 3;
  • Assault Police Officer x 1;
  • Willful Damage;
  • Commit Public Nuisance.

Court Attended:

Brisbane Magistrates Court

Attendance Date:

26 August 2021

Case Details:

Our client had an extensive Criminal History of similar offences, and was likely looking at serving time in a correctional centre upon sentence.

Court Result:

Client was sentenced to 1-3 months sentence for each offence, to be served concurrently. Her sentence was wholly suspended and she did not have to serve time in custody.

Charges:

Contravention of domestic violence order

Court Attended:

Beenleigh Magistrates Court

Attendance Date:

August 2021

Overview of Case:

Our client was charged with one offence before the Court.

We spoke to our client to take their version of events and to obtain detailed instructions. Our client advised that they would be pleading guilty to the offence if the facts were amended by Queensland Police Service. We therefore undertook negotiations with Prosecutions and had the charge amended prior to the Sentence. Our client had no traffic history and some criminal history, inclusive of a previous offence of contravene domestic violence Order 5 years prior.

Outcome:

After successful submissions made by our team, our client received a minor fine which was referred to SPER.

Charges:

  • Contravention of Domestic Violence Order;
  • Using a carriage service to menace, harass or cause offence.

Court Attended:

Southport Magistrates Court

Attendance Date:

13 August 2021

Case Details:

Our client had Domestic Violence Order against him made in February 2021. It had multiple conditions including a no contact condition. Across the following months he had sent 576 messages to the Aggrieved containing derogatory comments, psychological manipulation, and death threats. He was remanded in custody until his sentence. We were retained in Late July 2021, conferenced with him at the earliest opportunity and listed his matter for sentence.

Court Result:

The charge of ‘Using a carriage service to menace, harass or cause offence’ was withdrawn, and our client was sentenced on the remaining charge to a s19 good behavior bond of $1,500 for 12 months. He was immediately released from custody.

Charges:

  • Rape.

Court Attended:

Southport Children’s Court of Queensland

Attendance Date:

August 2021

Overview of Case:

Our client was charged with raping a friend while their friend was visiting their home. The parties were both under 18 years of age. The maximum penalty for this offence is life imprisonment.

Our client maintained that they wished to plead guilty to the offence and was accepting of the facts as alleged by police. Our client was at a real risk of serving time in juvenile detention for the offence.

We provided our client a detailed list of preparations to complete prior to finalizing the matter in court. This included things like a presentence report, drug and alcohol rehabilitation and references. Our client completed their preparations as suggested.

Outcome:

Our client was convicted and sentenced to 3 years’ probation. This was a great result given the facts of the charge.

Charges:

  • Drive under the influence of intoxicating liquor;
  • Drive a motor vehicle while exceeding prescribed alcohol (0.190%);
  • Fail to comply with the duties of a driver involved in a crash (civilian parties);
  • Person mentioned in section 6(3);
  • Driver involved in crash and failing to stop.

Court Attended:

Hobart Magistrates Court

Attendance Date:

19 July 2021

Case Overview:

Our client was charged with multiple charges including a high range drink drive and failing to stop after being involved in a crash.

Our client has an extensive traffic history including a previous high range drink drive charge in 2019.

Our client was facing actual imprisonment.

Case Outcome:

Our client was sentenced to three (3) weeks imprisonment wholly suspended for an operational period of three (3 years). Our clients licence was disqualified for three (3) years.

This was an excellent result in the circumstances.

Brooke Winter Solicitors
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Brooke Winter Solicitor

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