Charges:
Drive Without Due Care and Attention.
Court Attended:
Beenleigh Magistrates Court
Attendance Date:
July 2021
Overview of Case:
Our client was charged with the offence of Drive Without Due Care and Attention under section 83(1) of the Transport Operation (Road Use Management) Act. The maximum penalty for this offence upon conviction is a penalty not exceeding 40 penalty units or to imprisonment for a term not exceeding 6 months. This matter proceeds in summary jurisdiction.
Our client had driven across a pedestrian crossing while a elderly woman was still in the middle of the crossing. During this incident our client had crossed to the other side of the road in the process of driving around the pedestrian. Our client 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.
Outcome:
Upon sentence, the Magistrate heard submissions. After successful submissions made by Defence, our client received an appropriate fine and only 3 months licence disqualification. This was an excellent result.
Charges:
Did Drive U.I.L. (motor vehicle/tram/train/vessel).
Court Attended:
Southport Magistrates Court
Attendance Date:
November 2021
Overview of Case:
Our client was charged with the offence of Did Drive U.I.L under section 79(1)(a) of the Transport Operation (Road Use Management) 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 0.188% 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.
Outcome:
Upon sentence, the Magistrate heard submissions. After successful submissions made by Defence, our client received an appropriate fine and only 9 months licence disqualification. This was an excellent result.
Charges:
- Contravention of a domestic and family violence order (aggravated offence);
- Choking/Strangulation in a domestic violence setting.
Court Attended:
Southport District Court
Attendance Date:
28 October 2021
Case Details:
Our client had a criminal history, including offences of contravention of a domestic and family violence order and assaults occasioning bodily harm. Our client was facing a period of actual imprisonment. The facts initially were not accepted. Our office made detailed submissions to the Office of the Director of Prosecutions to have the facts amended to reflect our client’s instructions. These negotiations were successful, and our client entered a plea of guilty. We provided our client a detailed list of preparations to complete prior to finalizing the matter in court. This included things like counselling, psychologist report and gathering references. Our office also briefed Counsel for their specialist skills in advocacy and negotiations.
Court Result:
Our client was sentenced to two (2) years imprisonment for the choking/strangulation charge with an immediate parole release date. In relation to the contravention of a domestic and family violence order our client was convicted and not further punished.
This was an excellent result in all circumstances.
Charges:
Did Drive UIL (0.154%). This is a high range drink drive.
Court Attended:
Rockhampton Magistrates Court
Attendance Date:
20 October 2021
Case Details:
Our client had one previous entry of a drink drive offence. Due to the high alcohol reading, our client was not eligible for a work licence. A consequence of this offence for our client outside of court, was the prospect of losing his job. Our client instructed that it was important that they received the minimum possible disqualification period due to his potential job loss. We recommended that he completed the RATE Program, so our office could make submissions to the court around rehabilitation and road awareness.
Court Result:
Client was fined and received the minimum disqualification period of 6 months.
This was an excellent result in all circumstances.
Charges:
Assault Occasioning Bodily Harm.
Court Attended:
Southport Magistrates Court
Attendance Date:
August 2021
Overview of Case:
Our client was charged with assaulting a taxi driver whilst being transported home after a night of drinking causing the victim bodily harm. The maximum penalty for this offence is 7 years imprisonment. Our client wished to plead guilty to the offence and was accepting of the facts as alleged by police. We provided our client a detailed list of preparations to complete prior to finalizing the matter in court. This included things like alcohol and drug rehabilitation, counselling, urinalysis, a psychologist report and references. Our client completed their preparations as recommended.
Outcome:
Our client was convicted and sentenced to 18 months’ probation. This was a great result given the facts of the charge.
The Charges
Parenting dispute regarding the relocation of three children that had been unilaterally relocated by their mother
Court Attended
Federal Circuit Court of Australia
Attended Date
May 2018
Overview of Case
This matter involves 3 children who were unilaterally relocated from the Gold Coast despite their Father’s protest. Prior to the relocation, the parent had been parenting the children on a week about basis.
The Father filed for an urgent recovery order and the parties obtained a Family Report to assist the court in determining the best location for the children. The recommendations within the report were supportive of the father’s application to have the children relocated back to the Gold Coast, pending a final order being made.
Case Outcome
This matter progressed by way of interim hearing. The Judge who heard the matter noted that there were issues with regards to the mental impact on the children with both competing proposals, with no clear evidence as to which option would have the least impact.
The Judge abstained from making a recovery order, however set the matter down for an urgent Hearing. This is an excellent result, as this matter will have only been before the court for a total of 7 months, while most parenting matters take approximately 2 years to be determined. While the father was not successful on an interim basis, he now has the benefit of an urgent hearing date to have the matter finally determined, instead of the matter being drawn out through the court process.
For advice on your Family Law matter, it’s best to speak with an experienced lawyer. Brooke Winter Solicitors can provide guidance on the best possible course of action during this often difficult time. Contact us today to discuss your matter.
The Charges
Police Protection Notice seeking an Ouster Order
Court Attended
Southport Magistrates Court
Attended Date
May 2018
Overview of Case
In this matter, the client was subject to a Police Protection Notice due to an incident that had occurred between her and her estranged husband. During the incident, both parties had been assaulted however they had very different versions of events as to what happened.
The Police took out a PPN against our client as the husband suffered a perforated ear drum during the incident and sought to have our client ousted from her home as part of the conditions sought. The client approached us and upon taking her detailed instructions, we assisted her in making a criminal complaint to the Police about her husband such that they took out a PPN against him, also seeking an ouster order.
Case Outcome
Both matters were heard at the same time. We successfully argued against our client being subject to the ouster order and were successful in arguing that the husband should be ousted from the home. The Husband was ordered not to return to the home unless in the presence of a police officer. We were also successful in obtaining extensive orders against the husband which prevented him from having any contact with our client at all.
As a result of our client’s complaint and the submissions made, the Husband is now under investigation for very serious criminal charges in addition to being subject to the Protection Order.
The Charges
Domestic Violence Protection Order Application – Domestic and Family Violence Act 2012 Qld
Court Attended
Southport Magistrates Court
Attended Date
August 2018
Overview of Case
Our client was the Aggrieved Applicant who had placed a private Domestic Violence Protection Order Application against their ex-partner. In order to have a Domestic Violence Order Application made, you need to have a relevant relationship with the party you are placing the Order against.
In this matter, because the parties were ex-partners, a relevant relationship existed. Further, in order for the Court to consider whether an Application for Domestic Violence Protection Order should be granted, they must be satisfied that an Act for Domestic Violence occurred and that it is likely to occur again in the future. The Respondent ex-partner in this matter listed the matter for Trial and Trial Directions were given.
We assisted our client to draft all their material in the form of Affidavits which were then filed and served on the Respondent. We later contacted the Respondent in order to attempt negotiations with them to avoid trial and added stress and costs for our client.
Case Outcome
After back and forth communications, we managed to successfully resolve the matter without the need for trial and whilst still achieving a Protection Order that will provide our client with protection for the next five years.
If you have issues with Domestic Violence and need assistance, please contact Brooke Winter Solicitors. Whether you have been served with an application for a DVO or wish to make an application against someone else, our experienced Domestic Violence lawyers can help you.
This DVO case was based on the Gold Coast, and while we have offices in Southport, Beenleigh and Hobart, our lawyers will travel to courts throughout Queensland, New South Wales and Tasmania. Contact us today for advice on your matter.
The Charges
Grievous Bodily Harm CRIMINAL CODE 1899 – SECT 320
Court Attended
Cairns District Court
Attendance Date
February 2019
Overview of Case
Our client was charged with the offence of Grievous Bodily Harm under section 320 of the Criminal Code. The maximum penalty for this offence upon conviction is 14 years imprisonment. This offence is serious and cannot be dealt with within summary jurisdiction. The offence can only be dealt with in the District Court of Queensland. As such, we assisted our client transmitting the matter to the correct court and had the matter transferred from Brisbane to Cairns for their convenience.
Our client maintained that they wished to plead guilty to the offence. They were accepting of the majority of facts put forward by the Crown and we assisted them in negotiating facts that they did not agree with.
Case Outcome
We provided our client a detailed list of preparations to complete prior to finalizing the matter in court. This included things like counselling, saving compensation funds, anger management courses, references, obtaining employment and the like. Our client completed their preparations as suggested.
Upon sentence in Cairns District Court, the Judge heard submissions from the Crown and from Defence. The Judge took strong consideration toward the preparations our client had completed based on our advice. After successful submissions made by Defence, our client stayed out of custody. They were sentenced to a wholly suspended sentence and ordered to pay the amount of compensation to the complainant as suggested by our office. Our client was able to remain out of custody and return home to their family and employment. This was an excellent result.
If you are facing Assault Offence matters, please contact our experienced criminal lawyers in Cairns to obtain legal advice catered to your situation. Our solicitors can travel to represent you in courts throughout regional Queensland, including Townsville, Bundaberg, Brisbane, Toowoomba and beyond.
Call us on 1300 066 669 or send an enquiry.
The Charges
Fail to Comply with Reporting Conditions – Child Protection (Offender
Reporting) Act 2004
Court Attended
Southport Magistrates Court, Gold Coast District, Queensland
Attendance Date
August 2018
Overview of Case
Our client was charged with 3 offences of Failing to Comply with their reporting conditions under the Child Protection Offenders registry.
Under that legislation, a reportable offender must comply with the offender’s reporting obligations, unless the offender has a reasonable excuse otherwise they may face a maximum penalty of 300 penalty units (fine) or 5 years imprisonment.
Our client had been talking to young people over the internet and upon a random check by Police, Police found the conversations on his computer.
Our client advised us that he wanted to plead guilty to the offence but he was really worried about the result as he wanted to move interstate to live closer to his family.
Case Outcome
Our office took time to conference with the client and detail all the preparations he should attend to prior to finishing his matter in court.
He took our advice and completed a great deal of preparations. During sentence, our expert team made submissions on his behalf to allow the Court to see the incident in a more favourable way.
The Magistrate, after considering our submissions, sentenced him to a small fine. This was an excellent result.
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.
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Criminal Law, Traffic Law and Domestic Violence related matters anywhere in Australia
