The Charges:
Wounding
Court Attended:
Southport District Court
Attendance Date:
26/04/2018
Overview of Case:
Our client was charged with stabbing her husband during a domestic incident at their home.
Our client had been a victim of domestic violence for a number of years. Our client and her husband had a verbal argument. Our client then grabbed a knife and stabbed her husband in the thigh, in which she said was self defense as she feared she may have been physically abused as she previously had been.
Our client had no previous criminal history.
The maximum penalty for wounding is 7 years imprisonment
Outcome:
After successful negotiations with the Director of Public Prosecutions, our client attended justice mediation with her husband. The parties were able to resolve the issues between them and address ways to prevent future domestic violence between the parties. The DPP then withdrew the charge against our client and she was dismissed.
Have you been charged?
If you find yourself facing charges for wounding or have a domestic violence case, contact Brooke Winter Solicitors for expert legal advice on 1300 066 669 or contact us immediately.
The Charges:
Wilfully damage of property without consent causing loss – Regulatory Offences Act 1985 Qld Maximum Penalty $500.00 fine
Court Attended:
Southport Magistrates Court
Attendance Date:
March 2018
Overview of Case and Outcome:
Our client was charged with damaging property belonging to his neighbour, namely a vehicle. The allegations stemmed from a long history of bad neighborhood dispute and our client maintained that he did not commit the offence. Subsequently, we listed the matter for Trial in Southport Magistrates Court.
On the day of Trial, evidence was heard by the Court after examination and cross examination of relevant parties and witnesses. Our office cross examined the Complainant and the involved Police officers in the matter in an attempt to show that our client did not commit the offence he was charged with.
After consideration of all the evidence, the court determined that it was not satisfied beyond a reasonable doubt that the offence was committed by our client. Our client was successfully found not guilty of the offence and was discharged of the allegations.
This was an excellent result and one that our client and his supporters were very happy with.
Do you need legal advice?
If you have been charged with willful damage to property or another criminal offence, contact Brooke Winter Solicitors for expert legal advice today on 1300 066 669.
The Charges:
Giving Official a false or misleading document – Heavy Vehicle National Law Act Qld Section 702(1). Maximum Penalty $10,000 fine.
Court Attended:
Roma Magistrates Court
Attendance Date:
April 2018
Overview of Case and Outcome:
Our client was charged with providing false information to an official after an inspection on his heavy vehicle license.
Our client was an interstate truck driver required to travel between long distances to complete his tasks for work. His employer gave unrealistic expectations as to how quickly the driving task could be completed and as such, our client felt it necessary to record false entries into his work log that was not a true indication of his long driving hours.
Our client plead guilty to the offence. We assisted him and provided the court with his antecedents. We were specific with our submissions to the court in order to ensure he received the best possible result.
After our detailed submissions, our client received a fine of $450.00 only. This was substantially low given the maximum penalty for this offence being $10,000. Our client and his partner were very happy with the result.
If you are facing charges for providing false or misleading information, contact Brooke Winter Solicitors on 1300 066 669 for expert legal advice.
The Charges:
Contravention of police protection notice – s 178 Domestic Violence and Family Protection Act 2012 (Qld)
Penalty:
Maximum penalty—120 penalty units or 3 years imprisonment.
Court Attended:
Southport Magistrates Court
Attendance Date:
April 2018
Overview of Case and Outcome:
Our client was charged with contravening a Police Protection Notice for Domestic Violence related matters with their partner. The allegations against them were that they physically assaulted their partner after a verbal argument between them. The Police were contacted by a neighbour and they attended the residence where the parties were. The Police placed a Protection Notice against our client for the temporary protection of the Aggrieved until the matter was to be heard in Southport Magistrates Court. Later that same night, the violence escalated after Police left the residence and this is when the physical abuse is said to have occurred.
Our client pled guilty to the offence of Contravention. We provided our client with expert legal advice leading up to the sentence in court and navigated them through the court process to avoid unnecessary stress and hassle. After detailed submissions from our legal team, our client was fined $600 which was referred to SPER. We argued that no conviction should be recorded against them due to their career. Police Prosecution strongly opposed this given the level of violence involved in the case. After further successful submissions, our client received no conviction recorded.
Our client was extremely happy with the result.
Do you need legal help?
If you are facing domestic violence charges or need legal advice for a family law matter, contact the expert lawyers at Brooke Winter Solicitors on 1300 066 669.
The Charges:
The client had been served with an Application for a Peace and Good Behavior Order.
Court Attended:
Southport Magistrates Court
Attendance Date:
April 2018
Overview of Case:
The client had been served with an application for a Peace and Good Behavior Order as a result of an ongoing dispute with their neighbor.
The neighbor was alleging that our client had made threats against them, damaged property and engaged in a system of harassment such that the complainant felt that they were not safe outside their home.
Our client lodged a counter claim, alleging that the neighbor had engaged in activity which had significantly impacted upon the peace and enjoyment of their property, used the hose to wet our client’s laundry and that smoke from a BBQ was causing health issues such that our client was required to attend hospital.
Outcome:
We were able to negotiate with the original complainant to settle the matter without either party having to outlay the considerable expense of preparing documents and attending a Hearing. This further assisted in diffusing the tensions between the parties and opened up a line of communication so the parties could try to resolve their differences without the need for Court intervention.
If you are facing criminal charges and need an experienced lawyer, get in contact with Brooke Winter Solicitors immediately on 1300 066 669 so that we can assist you in your case.
The Charges:
- 3 x Breaches of bail
- 2x possess dangerous drugs cannabis
- 2x possess dangerous drugs methamphetamines
- 5x stealing
- 1x attempted stealing
- 1x public nuisance in the vicinity of a licensed premises
- 2x common assaults (spitting landing in victims face)
- 2x unauthorized dealing with shop goods
- 1x receiving tainted property
- 2x evade fare
Court Attended:
Southport Magistrates Court
Attendance Date:
22 March 2018
Overview of Case:
In this case, the client had been charged with numerous charges. These offences also occurred while the client was subject to a suspension for breaching bail and was also subject to a 30 month probation order for stealing offences. The offences occurred over a 6 month period where the client had periods of homelessness and was a long term alcoholic.
Outcome:
After requests from our office for police to provide an analysts certificate in relation to one of the possessing dangerous drugs charges (methamphetamine), the charge was eventually withdrawn as there was no dangerous drug detected. Further, after numerous submissions to police prosecutions in relation to the common assault charges (spitting) police agreed that there was little evidence to proceed with the charges and they were also withdrawn.
The client plead guilty to all remaining charges and extensive submissions were made to the Court about the client’s circumstances and the events which had lead to the offending behavior. Given the number of offences, the fact that the client was on a probation order at the time off offending and his engagement with probation was minimal, the client was on a suspended sentence, the client was facing a lengthy term of imprisonment. Had the 2x common assault charges and the 1x possessing methamphetamines charges not been withdrawn, our client was likely to get a term of imprisonment between 12 – 18 months to serve at least 4-6 months in actual custody.
As a result, we were able to successfully submit to the court that a short period of imprisonment be imposed however the client to be release immediately on parole.
Comment by client:
The client could not believe that we had been able to keep them out of prison and was more than happy with the outcome.
If you have a legal problem you should immediately call our expert criminal law team on 1300 066 669 so we can help you.
The Charges
The client was charged with 2 counts of Obtaining a Financial advantage for Self, due to having misrepresented their income to Centrelink during two separate periods.
Court Attended
Southport Magistrates Court
Attendance Date
April 2018
Overview of Case
The client was charged with two counts of obtaining a financial advantage for self, each charge of which carries a maximum penalty of 12 months imprisonment and up to an $18,000 fine per offence. This related to the client misreporting their income over two separate periods totaling approximately 18 months. During this time, the client obtained overpayments of in excess of $16,000. The misrepresentations were discovered by way of tip off from the public.
The client presented with a criminal history, however the most recent offence was in excess of 25 years prior and had no like offenses.
Outcome
In sentencing the client, the Court took into consideration that the client had pleaded guilty at the earliest possible opportunity, showed genuine remorse, the lack of any like offenses in their criminal history and the relatively minor amount of money involved.
The client was sentenced to three-month imprisonment with immediate parole, with a parole period of 18 months. The client was required to enter into a Bond to be of good behavior and was ordered to repay the monies to Centrelink in addition to court costs.
If you are facing criminal charges, get in contact with Brooke Winter Solicitors immediately on 1300 066 669 so that we can assist you in your case.
"*" indicates required fields
Criminal Law, Traffic Law and Domestic Violence related matters anywhere in Australia
