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certificate in relation to one of the possessing dangerous drugs charges (methamphetamine), the charge was eventually withdrawn as there was no dangerous drug detected.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.
Court Attended:
Federal Circuit Court of Australia
Attendance Date:
March 2018
Overview of Case:
Client came to us just after the Christmas holidays to enquire about a recovery order for her son. She noted that she had not seen her son for almost 12 months, and had significant concerns about the father not properly caring for the child. The mother also noted that the father was a known drug user and she had concerns for his behavior when using drugs, particularly the drug ICE, as it had previously caused him to become very violent in the past.
This matter was further complicated through the father actively avoiding service.
Outcome:
Our solicitor was ultimately able to negotiate with the Father at court to allow for the immediate reintroduction between the mother and the child. Consent Orders were entered into between the parties. The judge further ordered for the father to file and serve his material within 28 days and for the parties to attend a child inclusive conference to obtain and independent assessment as to how the matter should proceed moving forward, including what orders should be made regarding the care of the child.
Overall an excellent result and one happy client. The client was relieved that there was finally an Order in place that allowed her to see her own son again.
Comment by client:
The client could not stop thanking us for the excellent work done to date and is looking forward to spending some quality time with her son moving forward.
If you have a parenting or Family Law related problem then please call our team of expert Solicitors on 1300 066 669 or contact us to discuss how we can help you.
The Charges:
Obtain Financial Advantage – The maximum penalty for each charge under section 135.2(1) of the Criminal Code (Cth) is 12 months imprisonment and/or a $6,600 pecuniary penalty
Attendance Date:
March 2018
Location:
Southport Magistrates Court
Our client was charged with 2 counts of Obtaining a Financial Advantage from Centrelink between 2010 and 2016. The total amount of the advantage alleged to have been obtained was close to $55,000 over that period of time. Our client was not happy with the representation and advice provided to her from her previous lawyers and came to our firm for representation. She commented that in one conference with us, she already gained more information regarding her legal matter than during all the time she had retained her previous representation.
Our client pleaded guilty to the offence. We advised her to gather certain materials to assist with her mitigating circumstances. These offences hold a maximum penalty of 12 months imprisonment and are taken as being very serious before the Court. As a result, most people charged with Obtaining a Financial Advantage who plead guilty or are found guilty spend time in actual custody for a number of months. This is not an uncommon result.
Our expert Legal Team represented the client and provided case law precedents to the court to assist with sentence. We achieved a fantastic and rare result which allowed the client to remain in the community without needing to spend any time in custody. The client was sentenced to 12 months imprisonment released forthwith upon signing a recognizance in the amount of $2,000.00. This was a fantastic result.
If you have a legal problem then please call us on 1300 066 669 to speak with one of our expert Solicitors to help you.
The Charges:
Possess Dangerous Drug (Drugs Misuse Act)
Attendance Date:
March 2018
Location:
Brisbane Supreme Court
Overview & Outcome
Our client was charged with possession of Meth by the Queensland Police. We represented the client through the committal process and obtained a brief of evidence. Our client entered a plea of not guilty to the charge which was heard in the Brisbane Supreme Court before a Judge and Jury. The Prosecution called their witnesses and we vigorously cross examined each of them. Our client then gave evidence at the trial. After carefully crafted submissions to the jury they retired and returned a verdict of not guilty. We are proud to have been able to assist our client through this stressful process.
If you have a legal problem please call us on 1300 066 669.
The Charges:
Attempting to Pervert Justice (Criminal Code 1899 – SECT 140)
Attendance Date:
March 2018
Location:
Brisbane District Court
Overview & Outcome
Our client was charged with Attempting to pervert the course of Justice by agreeing to accept charges on a friend’s behalf via written statutory declaration sent to the Police. Police established that the original offence was not committed by our client and therefore, by writing the declaration to accept the charge, our client was charged with perverting justice. The maximum penalty for this offence is 7 years Imprisonment. It is not uncommon for defendants to spend time in actual custody for these sorts of offences as they are considered particularly serious. Our client pled guilty to the offence before the Brisbane District Court. After detailed submissions made by counsel, the presiding Judge ultimately sentenced him to a wholly suspended sentence with no time to be served in actual custody for this offence. It was a great result and one that our client was extremely happy with.
Attendance Date: March 2018
Overview of Case:
We appeared in the Rockhampton District Court with a client who was charged with Dangerous Operation of a Motor Vehicle Occasioning Death which involved a heavy vehicle.
Outcome:
Our client pleaded guilty to the charge and we appeared before the court with him at the sentence. This was a tragic incident for everyone concerned. In preparation for court we organised a number of documents including references, reports and the certificate from the Queensland Traffic Offenders Program (QTOP). The Prosecutor was calling for a jail sentence of up to 4 years and a lengthy disqualification period. After lengthy and detailed submissions the Judge sentenced our client to serve 4 months imprisonment and a disqualification of his drivers licence for 18 months.
This was an excellent result in all the circumstances.
If you have any questions in relation to your matter please don’t hesitate to contact us on 1300 066 669. We are regional specialists and travel to any location to represent you in court.
Attendance Date: January 2018
Overview of Case:
The client called our office on the first day back after the Christmas holidays with an urgent enquiry due to their children being withheld and relocated by the other parent. The client had not seen the children for two weeks and had found out that the mother had relocated the children approximately three (3) hours west of where the father was living and had changed their schools without notifying the father.
Outcome:
We were able to act promptly and had an appointment with the client that same day to take the necessary details to complete an urgent application to the Federal Circuit Court seeking a Recovery Order. Documents were completed and filed within 2 business days and the client is now awaiting their date in Court to have their children returned to the Gold Coast with injunctions against the Mother from taking such action in the future.
Do you require expert legal advice for a family law matter or family dispute resolution? We can help. Contact Brooke Winter Solicitors immediately on 1300 066 669 or send us a confidential message.
The Charges:
Possessing Counterfeit Money
Court Attended:
Southport Magistrates Court
Attendance Date:
15/01/18
Overview of Case:
Our client was charged with possessing a counterfeit $50.00 note which was found in her handbag. This offence is under the Crimes (Currency) Act 1981 Qld. Our client had no history of criminal convictions however the offence carries a maximum penalty of 10 years imprisonment. In this circumstance our client bears the evidential burden to prove that she had no knowledge that the $50.00 was a counterfeit note.
We took detailed instructions from our client on the matter and established that the counterfeit note was given to the client at a local supermarket after receiving her change. We advised the client that submissions would be written on her behalf to the Director of Public Prosecutions in respect of the matter. We back traced the clients steps as to when the cash was received.
Outcome:
After several submissions to the Commonwealth Director of Public Prosecutions, our office was successful in proving that our client had no knowledge that the note was fake. The charge was withdrawn by the Office of the Director of Public Prosecutions without the need to proceed to trial and our client was discharged. Our client was very happy with the outcome. No trace of the matter appears on the client’s criminal history.
Do you require court representation for possession of counterfeit money or for another criminal offense? Contact Brooke Winter Solicitors immediately on 1300 066 669 or send us a confidential message.
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