Attendance Date: January 2018

Overview of Case:

The client called our office on the first day back after the Christmas holidays with an urgent enquiry due to their children being withheld and relocated by the other parent.  The client had not seen the children for two weeks and had found out that the mother had relocated the children approximately three (3) hours west of where the father was living and had changed their schools without notifying the father.

Outcome:

We were able to act promptly and had an appointment with the client that same day to take the necessary details to complete an urgent application to the Federal Circuit Court seeking a Recovery Order.  Documents were completed and filed within 2 business days and the client is now awaiting their date in Court to have their children returned to the Gold Coast with injunctions against the Mother from taking such action in the future.

Do you require expert legal advice for a family law matter or family dispute resolution? We can help. Contact Brooke Winter Solicitors immediately on 1300 066 669 or send us a confidential message.

The Charges:

Possessing Counterfeit Money

Court Attended:

Southport Magistrates Court

Attendance Date:

15/01/18

Overview of Case:

Our client was charged with possessing a counterfeit $50.00 note which was found in her handbag. This offence is under the Crimes (Currency) Act 1981 Qld. Our client had no history of criminal convictions however the offence carries a maximum penalty of 10 years imprisonment.  In this circumstance our client bears the evidential burden to prove that she had no knowledge that the $50.00 was a counterfeit note.

We took detailed instructions from our client on the matter and established that the counterfeit note was given to the client at a local supermarket after receiving her change. We advised the client that submissions would be written on her behalf to the Director of Public Prosecutions in respect of the matter. We back traced the clients steps as to when the cash was received.

Outcome:

After several submissions to the Commonwealth Director of Public Prosecutions, our office was successful in proving that our client had no knowledge that the note was fake.  The charge was withdrawn by the Office of the Director of Public Prosecutions without the need to proceed to trial and our client was discharged. Our client was very happy with the outcome. No trace of the matter appears on the client’s criminal history.

Do you require court representation for possession of counterfeit money or for another criminal offense? Contact Brooke Winter Solicitors immediately on 1300 066 669 or send us a confidential message.

The Charges: 

The Drugs Misuse Act Qld 1986 – Possess Dangerous Drugs (Maximum Penalty 25 years Imprisonment), Possessing Things (Maximum 15 years Imprisonment), Possess property suspected of having been used in connection with the commission of a drug offence (Maximum 2 years Imprisonment)

Court Attended:

Beenleigh Magistrates Court.

Attendance Date:

January 2018.

Overview of Case:

Our client was charged with seven (7) drug related offences of Possession. It was out of character for him to be using drugs and clear that he had simply gone through a difficult period of his life suffering from various health issues and other personal circumstances.  We advised our client to complete courses to help mitigate his circumstances including AODS (Alcohol and Other Drugs Service). We also advised him to undergo one-on-one counselling with a psychologist to assist him with his mental health. He found this particularly helpful.

Outcome:

At sentence, the Sentencing Magistrate was provided with medical materials that we had previously advised our client to obtain in order to assist him with receiving the best possible result. As a result of successful submissions and the preparations the client had completed, our client received a small fine referred to SPER. He expressed great thanks in having our team assist him through this difficult period of his life.

Do you require court legal representation for possession of dangerous drugs or a drug related criminal offence?  Contact Brooke Winter Solicitors immediately on 1300 066 669 or send us a confidential message.

The Charges:

Court Attended:

Southport Magistrates Court

Attendance Date:

10 January 2018

Overview of Case:

Our client was initially charged with possession of an unlicensed firearm, common assault, willful damage and dangerous operation of a motor vehicle.  The charge of dangerous operation of a motor vehicle comes with an automatic license suspension for 6 months, however our client requires his license for work purposes.  He had already fixed the damage which resulted in the willful damage charge.  The client was also significantly concerned about convictions being recorded as it meant he would have lost his weapons license which they have held for some time.

Outcome:

After carefully constructed submissions were made to the department of police prosecutions, the charge of dangerous operation of a motor vehicle was substituted with a charge of driving without due care and attention, meaning that our client was able to keep his license.  For the balance of the charges, after carefully worded submissions to the Court, our client was fined $750 and no convictions were recorded, which meant that they were able to keep their weapons license.

If you need expert defence for criminal charges, traffic matters or family law issues, please don’t hesitate to call the legal team at Brooke Winter Solicitors on 1300 066 669 or send us a message online.

The Charges:

Use a Carriage Service to Access Child Pornography Material.

Under the Criminal Code Act 1995, the maximum penalty for this charge is 15 years imprisonment.

Court Attended:

District Court of Queensland

Attendance Date:

December 2017

Overview of Case:

Our client was charged with three (3) offences relating to the access of child pornography material online. These are indictable offences that must proceed in the District Court of Queensland whereby the Director of Public Prosecutions then become involved. After successful submissions by our expert legal team consisting of solicitors and barrister, the Director of Public Prosecutions withdrew one of the offences which in turn helped to reduce our client’s overall penalty.

At sentence, the Sentencing Judge was provided with extensive materials that we had previously advised our client to complete in order to assist him with receiving the best possible result. The maximum penalty for this offence is 15 years imprisonment. In the majority of cases, offenders charged with these offences can spend considerable time in custody with high head sentences of imprisonment. There was a high probability of our client spending at least 6 – 8 months in actual custody.

Outcome:

After carefully constructed submissions by his legal team, our client was convicted to a head sentence of fifteen (15) months imprisonment that saw him released after serving only two (2) months in actual custody and released upon a bond. This was a near impossible and fantastic result that both our client and his family were thankful of.

Do you need expert legal advice and representation fighting a serious criminal charge or a traffic matter? Contact Brooke Winter’s expert legal team now on 1300 066 669 or send us a message.

 

The Charges:  

Assault Occasioning Bodily Harm

Court Attended:

Southport Magistrates Court

Attendance Date:

09/01/18

Overview of Case:

Our client was charged with assaulting a security guard at a nightclub causing him bodily harm.  Our client had no criminal history however the offence carries a maximum penalty of 7 years imprisonment.  After successful negotiations with police prosecutions and review of the CCTV footage, we were able to have the facts of the charge amended to remove the more serious elements, including that the victim was unconscious after the assault. Our client was concerned that a conviction recorded would affect his employment.   Our client had obtained detailed character references from his colleagues who stated that he acted out of character and was a contributing member of society with a successful career.

Outcome:

Our client was convicted and fined $500 and was ordered to pay compensation to the victim in the amount of $500 and after detailed submissions, no conviction was recorded.

Do you require representation regarding a criminal law matter? Contact Brooke Winter Solicitors at any time of day or night on 1300 066 669 or send us an message online.

The Charges:

Court Attended: 

Coolangatta Magistrates Court

Attendance Date:

December 2017

Overview of Case:

Client was found to be driving a stolen motor vehicle and subsequently engaged in a high-speed pursuit which travelled over the QLD/NSW border.  Client had already served 6 months imprisonment in NSW for the offence however was facing further jail time for the offences which occurred in QLD.

Client had a very bad driving history which compounded matters as well as an extensive criminal history.

Outcome:

Client was given a wholly suspended sentence, 120 hours community service and a $250 fine.  Client did not have to spend any time in prison and was looking forward to the diversionary programs offered through the department of Probation and Parol.

The Charges:

Driving unlicensed (repeat offender)

Court Attended:

Beenleigh Magistrates Court

Attendance Date:

13/12/17

Overview of Case:

Our client was charged with unlicensed driving (repeat offender).  The client had previous disqualifications for the same offence.

Outcome: 

He was convicted and fined $500.00 and was disqualified for the minimum period of 1 month.

Brooke Winter Solicitors
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