The Charges:

Offence of driving while under the influence

Penalty:

Any person who, while under the influence of liquor or drugs, drives a motor vehicle, tram, train or vessel is guilty of an offence and liable to a penalty not exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months.

Court Attended:

Southport Magistrates Court

Attendance Date:

June 2018

Overview of Case:

Our client was charged with using his tinny boat whilst having illicit drugs in his system. This was his third drug driving offence in 5 years which made his matter even more serious. Upon a further look of his criminal history, we noted that he was also in breach of a wholly suspended term of imprisonment at the time of committing the offence and accordingly, was facing being taken into custody for his breach. Our client instructed that he wished to finalise his matter by pleading guilty and provided us with his instructions.

Outcome:

We provided him with expert legal advice and details of preparations he should complete prior to attending court to assist in obtaining the best possible result. We appeared with him before the Southport Magistrates Court and represented him, making detailed submissions of his behalf. Our client received a small fine and no action was taken in relation to his suspended sentence. The offence did not have an automatic licence disqualification attached and accordingly, we argued that our client be permitted to keep his licence. Our submissions were successful and our client can continue using both his car and boat licence. This was a excellent result.

The Charges:

  • Breach of Bail
  • Breach of Community Service Order
  • 8 x Contravention of Domestic Violence Order
  • Stealing

Court Attended:

Southport Magistrates Court

Attendance Date:

June 2018

Overview of Case:

In this matter, the client was charged with the above offences.  The client had an extensive criminal history, which included numerous contravention of domestic violence orders, failure to report when on Bail, stealing and other such offences.  The client was only 26 years of age and so had committed numerous crimes in a relatively short period of time.

Further complicating this matter was the fact that the client had been diagnosed with an adjustment disorder and was of no fixed address, and was currently unemployed, meaning that they were unable to afford the medications they were required to take to control their mental health issues.

Outcome:

When this matter was heard, the Police Prosecutions were seeking a 12 month custodial sentence, based on the client’s extensive criminal history and frequency of offending.  We were able to successfully argue for the client to be immediately released from custody and for the client to receive a 12 month Intensive Corrections Order instead of a term of imprisonment.  This meant that the client does not have to serve any further time in custody and is able to access the support services they need to assist them in preventing further offences.

For legal assistance on a criminal matter, contact our experienced lawyers today. We strive to achieve the best possible outcome for each of our clients.

The Charges:

Parenting proceedings – Interim Hearing

Court Attended:

Federal Circuit Court of Australia in Brisbane

Attendance Date:

May 2018

Overview of Case:

This was a case where we were instructed the day before an Interim Hearing. There had been several court events prior to our involvement and the matter was proceeding by way of Interim Hearing to determine what time, if any, the father should spend with the children. Complicating this matter was that one of the children was highly autistic and we had not had an opportunity to view any subpoenaed material.

The Father was seeking immediate time with the children, however our client was opposed to this due to concerns as to how the Autistic child would be able to cope as they had not had any contact with the father for several years.

Outcome:

We were able to successfully argue that it was not in the Autistic child’s best interests to spend any time with the Father and that any time spent with the father should be subject to the child’s treating counsellor’s recommendations. We were able to argue for supervised visits with the other child, to be done at a contact centre at the Father’s expense.

We were also successful in arguing that the Father should undergo regular Carbohydrate Deficiency Transferrin tests to measure his alcohol intake, as he had a documented history of alcohol abuse and violence when on the alcohol.

If you need any assistance with a family law or domestic violence issue, contact the experienced team at Brooke Winter Solicitors.

The Charges:

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 totalling approximately 18 months. During this time, the client obtained overpayments of in excess of $16,000. The misrepresentations were discovered by way of a 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 offences.

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 offences 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 behaviour and was ordered to repay the monies to Centrelink in addition to court costs.

If you need help with a fraud or other criminal offence, contact Brooke Winter Solicitors for advice on your matter.

The Charges:

2x Charges of indecent treatment of a child under the age of 12

Court Attended:

Ipswich District Court

Attendance Date:

28 May 2018

Overview of Case:

Our client was charged with 2 charges of indecent treatment of a child.  The maximum penalty for each offence was 14 years imprisonment.  These charges, imprisonment is not a sentence of last resort.

The matter proceeded to a trial.  We conducted a pre-record of the charges and the complaint child and two further child witnesses were cross-examined.

Outcome:

After carefully constructed cross-examination of the complainant child was conducted by our Counsel, the Crown conceded that they had no evidence to proceed with the charges and subsequently withdrew both charges the following day, without the matter having to proceed to trial.

The Charges: 

  • 7 x Unauthorised dealing with shop goods
  • 4 x Driving without a licence disqualified by a Court Order;
  • 3 x Stealing
  • 4 x Breach of Bail
  • 1 x Possession of suspected stolen goods
  • 1 x Possession of utensils or pipe

Court Attended: 

Southport Magistrates Court

Attendance Date: 

March 2018

Overview of Case:

In this case, the client had been charged with numerous charges as a result of driving off from several petrol stations without paying for the fuel.  These offenses also occurred while the client was subject to a suspension of their drivers license.  Most of the offenses occurred over three month period and were the result of the client being depressed after having separated from their spouse in rather unfortunate circumstances.

While on bail, the client was grappling with depression and voluntarily admitted themselves to the Mental Health ward of their local hospital.  While they were in hospital, they did not report to the police station in accordance with their Bail undertaking and were subsequently charged with the offences of failing to report in accordance with their bail undertaking.

Outcome:

The client plead guilty to all 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 client was looking to be sentenced to a term of imprisonment, however the client was before the court with a clean criminal record.  As a result, we were able to successfully submit to the court that a period of 12 month’s probation and 60 hours community service was appropriate, as well as having to pay restitution for the fuel that had not been paid for.  The client was also disqualified from holding a driver’s license for 5 years.

Comment from our 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.

Do you need legal help?

If you are facing multiple criminal charges, expert legal help could keep you out of prison or greatly reduce your sentence. Call Brooke Winter Solicitors today on 1300 066 669 or contact us online.

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.

Brooke Winter Solicitors
Enquire
Brooke Winter Solicitor

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Hi Book@2x
Free Ebook

Are you new to the Criminal Justice System?

Download our free eBook to learn some fundamentals about how the system works and what to expect.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
0
years of representing clients in court

In need of representation?

Fill out this form and we’ll be in touch

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Hi 16yrs Txt Blk

Share This

Pop Log Img@2x

Select your desired option below to share a direct link to this page.
Your friends or family will thank you later.