The Charges
- Public nuisance in the vicinity of a licensed premises
- Obstruct police in the vicinity of a licensed premises
Court Attended
Brisbane Magistrates Court
Attendance Date
19th February 2019
Overview of Case
Our client was charged with two offences. He was arrested by police for walking into incoming traffic, starting fights with members of the public and obstructing police whilst they were trying to arrest him.
The client had a lengthy criminal history with all alcohol related offences, which included a sentence of 5 months imprisonment for the same offences 2 years prior.
Our client at the time of sentence had spent 8 hours in custody and had instructed our office that he had been absent from alcohol for the past two years.
Case Outcome
After carefully constructed submissions, Her Honour convicted and sentence our client to 50 hours community service for both offences. This was an excellent result in the circumstances.
If you are facing a criminal offence, please contact us on 1300 066 669 and we would be happy to assist you in achieving the best possible outcome.
The Matter:
Did Drive U.I.L (motor vehicle/tram/train/vessel) TORA 79(1)(a)
Court Attended:
Southport Magistrates Court
Attendance Date:
February 2019
Overview of Case and Outcome:
Our client was charged with the offence of driving under the influence of liquor under section 79 of the Transport Operations Act. The maximum penalty for this offence upon conviction is a penalty not exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months. This matter proceeds in summary jurisdiction.
Our client had a BAC reading in excess of 0.230% and maintained that they wished to plead guilty to the offence.
We provided our client a detailed list of preparations to complete prior to finalizing the matter in court. This included things like counselling, traffic offender courses, and references. Our client completed their preparations as suggested.
Upon sentence, in the Magistrate heard submissions. After successful submissions made by Defence, our client received an appropriate fine and only 10 months disqualification. This was an excellent result.
If you are facing drink driving matters, please contact us to obtain legal advice catered to your situation on 1300 066 669.
The Matter:
Contravene a Domestic Violence order and computer hacking Court Attended.
Court Attended:
Southport Magistrates Court
Attendance Date:
29th August 2018
Overview of Case:
Our client was charged by police with Contravene a Domestic Violence order and computer hacking. Our client had split with his partner and had a shared cared arrangement in relation to their three children. The victim had put a protection order in place against our client stating that he must be of good Behaviour towards her.
Our client was employed by Foxtel. He had received numerous calls from different agencies stating that they were unable to contact the victim. Our client searched the Foxtel database as he knew the victim had a Foxtel account, and located her contact details.
He was then charged with computer hacking and contravention of a protection order.
Outcome:
The matter was listed for sentence. Our client provided character references which supported that his Behaviour was out of character.
Through submissions, we were able to advise the court the circumstances around the breakup of the relationship, including how our client had had concerns for his children, after having numerous calls from different agencies.
Our office, tendered the current family court orders which stated that our client have sole parental responsibility of the children since the incident. This provided the court with insight into his concerns in that the family court had since ordered the children live with him only.
Her Honour considered all the antecedents, and placed our client on a 6 month good Behaviour bond. A conviction was not recorded. This was an excellent result in the circumstances.
The Matter:
Our office is engaged to act on behalf of the Respondent in a Police Application for a Domestic Violence Order. The Aggrieved in the Application is our client’s ex de facto partner of approximately 2 years. The parties were still in an intimate personal relationship at the time of the alleged incident.
Police are seeking a Final Domestic Violence Order with the mandatory condition only: ‘to be of good behaviour and not commit domestic violence’. The allegation contained in the Application is that, pursuant to an argument that ensued, our client grabbed and squeezed the Aggrieved’s wrists causing pain and bruising.
Court Attended:
Undisclosed Gold Coast Court
Attendance Date:
February 2019
Overview of Case:
Upon attending Court in relation to the matter, Police indicated that they were seeking a Temporary Protection Order (with the mandatory condition) on the basis that an act of domestic violence had been committed by our client, and the Aggrieved was in fear for her safety.
We then made submissions against the making of a Temporary Protection Order. Firstly, our client instructed that he did in fact grab the Aggrieved’s wrists, but only to protect himself from a flurry of strikes. He held the Aggrieved’s hands by her side for only a matter of seconds before letting go, whilst asking her to breathe. The argument stopped and the Aggrieved spent the rest of the night with our client, including having intercourse after the alleged incident.
The parties had intercourse again in the morning before the Aggrieved left our client’s residence. Two days after the alleged incident, the Aggrieved made her statement to Police. It was submitted the Aggrieved’s behaviour was not indicative of someone in fear for their safety.
Secondly, it was submitted that our client never sighted any bruising on the Aggrieved’s wrists. There was no photographic or medical evidence attached to the Police Application, and so it could not be determined whether not the said injuries even existed. Further, it was submitted that our client’s act of grabbing the Aggrieved’s wrists in an effort to protect himself from harm did not constitute an act of domestic violence.
Outcome:
Her Honour considered the submissions made by Police and our office, and determined that a Temporary Protection Order was not warranted in the circumstances.
The matter was adjourned for our office to forward a submission to Police to withdraw the Application (for a Final Domestic Violence Order) on the basis that it is not necessary or desirable to protect the Aggrieved.
If you are needing legal advice for a family law matter, please contact Brook Winter Solicitors today on 1300 066 669.
The Matter:
Did drive over the middle alcohol limit but not over the high alcohol limit – Transport Operations (Road Use Management) Act 1995 Section 79(1F) and s87 (Work Licence).
Court Attended:
Coolangatta Magistrates Court
Attendance Date:
February 2019
Overview of Case:
Our client was charged with the offence of driving with a Blood Alcohol content (BAC) of 0.112%. This falls under Section 79(1F) of the Transport Operations Act. This offence, for a first-time offence of a like nature within 5 years, holds a maximum penalty of 20 penalty units or 6 months imprisonment. This matter proceeds in summary jurisdiction. Along with penalty, persons charged with this offence must be disqualified for a period of time. For a first offence within 5 years, the disqualification period ranges between 3 months to 12 months.
Outcome:
Our client was a Tradie and required their licence for work. If they lost their licence, they would lose their employment and be placed in a position of severe financial hardship. Due to this, we explored whether he was eligible to apply for a work licence. Our client met the criteria making him eligible to apply for a licence.
We provided our client a detailed list of preparations to complete prior to finalizing the matter in court. This included things like counselling, traffic offender courses, and references. Our client completed their preparations as suggested.
Upon sentence and application for work licence, the Magistrate heard submissions and read through the material we drafted on behalf of our client. After successful submissions made by Defence, our client received an appropriate fine and short disqualification with a work licence. This was an excellent result.
If you are facing drink driving matters and require your licence, please contact us to obtain legal advice catered to your situation.
The Charges:
Drink Driving Mid Range
Court Attended:
Tweed Local Court
Attendance Date:
7 May 2018
Overview of Case:
Our client was charged with mid range drink driving after attending dinner with some friends. He had a previous drink driving offence 18 months earlier which he received a 6 month disqualification and a $1000 fine.
The matter proceeded to a guilty plea at the second court hearing. The minimum disqualification period for this offence is 6 months.
Outcome:
After detailed submissions were made and QTOP material and character references were tendered to the court, our client was convicted and fined $700 and was disqualified from driving for 6 months. Our client thought this was a excellent result as our client had a previous similar conviction.
If you’ve been arrested by the police, there are certain rights that are applicable to you including:
- The right to remain silent.
- The right to a phone call.
If you are arrested, don’t obstruct the police or resist arrest otherwise you will have more charges against you.
Your best course of action is to call a criminal lawyer for legal advice or representation. You can call Brooke Winter Solicitors anytime on 1300 066 669.
A character reference is a document that is tended to the court that supports that you are of good character and that the offence you have committed is not of normal character for you.
In a good character reference, you should include any volunteer work, any community work you’ve done and your current employment.
Anyone can write a character reference but we recommend that it is a close friend who has known you for a number of years, a family member and your employer.
For more information about our legal services or to book a consultation, you can contact us online or call now on 1300 066 669
At Brooke Winter Solicitors, we travel to all regional courts throughout Queensland, New South Wales and Tasmania. We specialise in all matters involving:
- Criminal Law.
- Family Law.
- Domestic Violence Proceedings.
- Child Protection.
- Traffic Law matters.
We love to travel and meet you at your regional court to make you feel at ease and also save you travel expenses. We have represented clients in Cairns, Toowoomba, Townsville, Mackay, Rockhampton, Bundaberg, Launceston and many other courts.
For more information about our legal services or to book a consultation, you can contact us online or call now on 1300 066 669
An SVO stands for Serious Violent Offender.
A Declaration is automatically applied when someone is found guilty for an offence that is punishable with imprisonment for 10 years or more.
These offences do include:
- Serious assaults
- Sexual assaults
- Unlawful escape from custody
If you do find yourself in a difficult situation, we are contactable on 1300 066 669.
"*" indicates required fields
Criminal Law, Traffic Law and Domestic Violence related matters anywhere in Australia
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
