Domestic Violence matter:

Our client was the Respondent in an application for a Protection Order. There was a Temporary Protection Order with 4 conditions, including no approach and no contact of the Aggrieved.

Court Attended:

Southport Magistrates Court

Attendance Date:

2 November 2021

Court Result:

Our client made an undertaking to be of good behaviour to the Aggrieved and named children. The application was withdrawn, and no court order made.

Charges:

  • Contravention of domestic violence order (aggravated offence),
  • Commit public Nuisance,
  • Obstruct Police officer x2,
  • Serious Assault – assault /resist/obstruct police officer/person acting in aid of police officer,
  • Willful damage of police property.

Court Attended:

Beenleigh Magistrates Court

Attendance Date:

November 2021

Overview of Case:

Our client was charged with six offences before the Court which all arose out of the one incident.

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 all offences before the Court and wished to have it finalised, our client was in custody at the time. Our client had traffic history and similar offences on their criminal history.

Our client was in breach of both probation and a suspended sentence.

Outcome:

After successful submissions made by our team, our client was released immediately on parole for a period of twelve (12) months.

Charges:

  • Driving without a licence disqualified by court order;
  • Stealing;
  • Receiving Tainted Property;
  • Fraud dishonestly make off without paying;
  • Contravention of Domestic Violence Order;
  • 4 x Possessing dangerous drugs;
  • Failure to appear in accordance with undertaking;
  • Contravention of a community service order;
  • Enter dwelling and commit indictable offence;
  • Unlawful use of motor vehicles aircraft or vessels – use;
  • Not being endorsed to possess restricted drug;
  • Obtain or deal with another entity’s identification information for purpose of committing, or facilitating commission of an indictable offence

Case Details:

Our client had an extensive Criminal History over the past 12 years of similar offences, and was denied bail. A sentence to serve jail time was not out of question.

Court Attended:

Beenleigh Magistrates Court

Attendance Date:

29 October 2021

Court Result:

The stealing charge was dismissed. Our client was convicted not further punished in relation to the drug charges, the failure to appear and the fraud.

104 days were declared as time served and our client was released on immediate parole.

Charges:

Did drive over the general alcohol limit but not over the middle alcohol limit (0.088%)

Court Attended:

Beenleigh Magistrates Court

Attendance Date:

26 October 2021

Case Details:

Our client had 2 entries on her traffic history over the 2 previous years. She worked from home and so was not suitable for a work licence in these circumstances.

Court Result:

Client was sentenced to a $300 fine and the mandatory minimum disqualification of 1 month. The Magistrate did not record a conviction.

Charges:

  • Indecent act with or directed at a child or young person contrary to s125 of the Criminal Code 1924,
  • Penetrative sexual abuse of a child or young person contrary to s124 of the Criminal Code 1924,
  • Penetrative sexual abuse of a child or young person contrary to s124 of the Criminal Code 1924.

Court Attended:

Hobart Supreme Court

Attendance Date:

20 October 2021

Case Outcome:

Our client was convicted and sentenced to six (6) months imprisonment wholly suspended for an operational period of three (3) years conditional to be of good behaviour. Our client was subject to a twelve (12) month Community Correction Order. He was not placed on the sex offender registry.

This was an excellent result in the circumstances.

Charges:

  • 2 counts of Common Assault.

Court Attended

Hobart Magistrates Court

Attendance Date

7 October 2021

Case Overview

Our client was charged with 2 counts of Common Assault.

Our client reported his offending was a result of him retaliating to damage done to his property by known numerous parties. Our client suffers a health condition that impacts his mobility. Our client responding by chasing two people with his car.

Our client has a criminal history and was looking at facing actual imprisonment.

Case Outcome

Our client was sentenced to four (4) months imprisonment wholly suspended for an operational period of eighteen (18) months conditional he be of good behaviour and complete Community Correction Order. A restraint order was made for a period of twelve (12) months.

This was an excellent result in the circumstances.

Charges:

Did drive over the general alcohol limit but not over the middle alcohol limit

Court Attended:

Beenleigh Magistrates Court

Attendance Date:

October 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. Our client had no criminal history and minor traffic history.

Outcome:

After successful submissions made by our team, our client received a minor fine and was disqualified from driving for the minimum period of one month.

Charges:

  • Supply Dangerous Drugs, Unlawfully Possess Relevant Substance, Possess Dangerous Drugs,
  • Possess Utensils or Pipes.

Court Attended:

Beenleigh Magistrates Court

Attendance Date:

September 2021

Overview of Case:

Our client was charged with four drug related offences.

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 all offences before the Court and wished to have it finalised promptly. Our client had minor traffic history and no criminal history.

Outcome:

After successful submissions made by our team, our client only received a fine for all offences with no conviction recorded. In all the circumstances, this was an excellent result and our client was most pleased.

Charges:

Wounding

Court Attended:

Beenleigh District Court

Attendance Date:

20 September 2021

Case Details:

Our client plead not guilty to his police charge. This charge was committed up to the District Court and listed for trial. Our firm briefed a barrister and prepared diligently for trial. We cross examined the Crown’s witnesses and disputed their arguments across the 3 days of trial.

Court Result:

Our client was found not guilty which was an excellent result.

Charges:

Contravention of domestic violence order x2

Court Attended:

Southport Magistrates Court

Attendance Date:

September 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 not guilty to the offence. We therefore prepared the matter for a Trial in the Magistrates Court and obtained the full brief of evidence relied upon by Police.

Our client had no criminal history and minimal traffic history, it was our view that the Police Prosecutors could not satisfy the Court that our client has committed the acts as charged.

Outcome:

The matter was finalised by the Police Prosecutor offering no evidence on the charges and withdrew both charges before the Court. Therefore, our client was discharged and the charges were dismissed.

Brooke Winter Solicitors
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