The Charges:
The Drugs Misuse Act Qld 1986 – Possess Dangerous Drugs (Maximum Penalty 25 years Imprisonment), Possessing Things (Maximum 15 years Imprisonment), Possess property suspected of having been used in connection with the commission of a drug offence (Maximum 2 years Imprisonment)
Court Attended:
Beenleigh Magistrates Court.
Attendance Date:
January 2018.
Overview of Case:
Our client was charged with seven (7) drug related offences of Possession. It was out of character for him to be using drugs and clear that he had simply gone through a difficult period of his life suffering from various health issues and other personal circumstances. We advised our client to complete courses to help mitigate his circumstances including AODS (Alcohol and Other Drugs Service). We also advised him to undergo one-on-one counselling with a psychologist to assist him with his mental health. He found this particularly helpful.
Outcome:
At sentence, the Sentencing Magistrate was provided with medical materials that we had previously advised our client to obtain in order to assist him with receiving the best possible result. As a result of successful submissions and the preparations the client had completed, our client received a small fine referred to SPER. He expressed great thanks in having our team assist him through this difficult period of his life.
Do you require court legal representation for possession of dangerous drugs or a drug related criminal offence? Contact Brooke Winter Solicitors immediately on 1300 066 669 or send us a confidential message.
The Charges:
- Possession of an Unregistered Firearm (Weapons Offence)
- Common Assault (Domestic Violence)
- Willful damage (Domestic Violence)
- Dangerous Operation of a Motor Vehicle
Court Attended:
Southport Magistrates Court
Attendance Date:
10 January 2018
Overview of Case:
Our client was initially charged with possession of an unlicensed firearm, common assault, willful damage and dangerous operation of a motor vehicle. The charge of dangerous operation of a motor vehicle comes with an automatic license suspension for 6 months, however our client requires his license for work purposes. He had already fixed the damage which resulted in the willful damage charge. The client was also significantly concerned about convictions being recorded as it meant he would have lost his weapons license which they have held for some time.
Outcome:
After carefully constructed submissions were made to the department of police prosecutions, the charge of dangerous operation of a motor vehicle was substituted with a charge of driving without due care and attention, meaning that our client was able to keep his license. For the balance of the charges, after carefully worded submissions to the Court, our client was fined $750 and no convictions were recorded, which meant that they were able to keep their weapons license.
If you need expert defence for criminal charges, traffic matters or family law issues, please don’t hesitate to call the legal team at Brooke Winter Solicitors on 1300 066 669 or send us a message online.
The Charges:
Use a Carriage Service to Access Child Pornography Material.
Under the Criminal Code Act 1995, the maximum penalty for this charge is 15 years imprisonment.
Court Attended:
District Court of Queensland
Attendance Date:
December 2017
Overview of Case:
Our client was charged with three (3) offences relating to the access of child pornography material online. These are indictable offences that must proceed in the District Court of Queensland whereby the Director of Public Prosecutions then become involved. After successful submissions by our expert legal team consisting of solicitors and barrister, the Director of Public Prosecutions withdrew one of the offences which in turn helped to reduce our client’s overall penalty.
At sentence, the Sentencing Judge was provided with extensive materials that we had previously advised our client to complete in order to assist him with receiving the best possible result. The maximum penalty for this offence is 15 years imprisonment. In the majority of cases, offenders charged with these offences can spend considerable time in custody with high head sentences of imprisonment. There was a high probability of our client spending at least 6 – 8 months in actual custody.
Outcome:
After carefully constructed submissions by his legal team, our client was convicted to a head sentence of fifteen (15) months imprisonment that saw him released after serving only two (2) months in actual custody and released upon a bond. This was a near impossible and fantastic result that both our client and his family were thankful of.
Do you need expert legal advice and representation fighting a serious criminal charge or a traffic matter? Contact Brooke Winter’s expert legal team now on 1300 066 669 or send us a message.
The Charges:
Assault Occasioning Bodily Harm
Court Attended:
Southport Magistrates Court
Attendance Date:
09/01/18
Overview of Case:
Our client was charged with assaulting a security guard at a nightclub causing him bodily harm. Our client had no criminal history however the offence carries a maximum penalty of 7 years imprisonment. After successful negotiations with police prosecutions and review of the CCTV footage, we were able to have the facts of the charge amended to remove the more serious elements, including that the victim was unconscious after the assault. Our client was concerned that a conviction recorded would affect his employment. Our client had obtained detailed character references from his colleagues who stated that he acted out of character and was a contributing member of society with a successful career.
Outcome:
Our client was convicted and fined $500 and was ordered to pay compensation to the victim in the amount of $500 and after detailed submissions, no conviction was recorded.
Do you require representation regarding a criminal law matter? Contact Brooke Winter Solicitors at any time of day or night on 1300 066 669 or send us an message online.
The Charges:
- Dangerous Operation of a motor vehicle
- Receipt of tainted property
- Driving while disqualified
Court Attended:
Coolangatta Magistrates Court
Attendance Date:
December 2017
Overview of Case:
Client was found to be driving a stolen motor vehicle and subsequently engaged in a high-speed pursuit which travelled over the QLD/NSW border. Client had already served 6 months imprisonment in NSW for the offence however was facing further jail time for the offences which occurred in QLD.
Client had a very bad driving history which compounded matters as well as an extensive criminal history.
Outcome:
Client was given a wholly suspended sentence, 120 hours community service and a $250 fine. Client did not have to spend any time in prison and was looking forward to the diversionary programs offered through the department of Probation and Parol.
The Charges:
Driving unlicensed (repeat offender)
Court Attended:
Beenleigh Magistrates Court
Attendance Date:
13/12/17
Overview of Case:
Our client was charged with unlicensed driving (repeat offender). The client had previous disqualifications for the same offence.
Outcome:
He was convicted and fined $500.00 and was disqualified for the minimum period of 1 month.
The Charges:
Fail to Appear in accordance with undertaking x 2
Court Attended:
Beenleigh Magistrates Court
Attendance Date:
December 2017
Overview of Case:
Client failed to appear on two occasions including failing to appear on a fail to appear offence.
Outcome:
After detailed submissions from our expert team, the client received a fine referred to SPER rather than a possible sentence of imprisonment.
The Charges:
Application for a Protection Order
Court Attended:
Southport Magistrates Court
Attendance Date:
7/12/17
Overview of Case:
Our client was served with an application for a protection order. The aggrieved alleged that our client had been physically, emotionally and financially abusive to her. Our client was successful at trial in defending the Application and it was struck out.
Outcome:
Our client was found to have used reasonable force to protect his property and was acquitted of the charge.
The Matter:
Parenting Matter with allegations of sexual assault
Court Attended:
Family Court of Australia
Attendance Date:
7/12/2017
Overview of Case:
Parenting dispute where the parents have separated and are trying to put in place parenting arrangements for the 5yo child. Child has made disclosures of being sexually abused by his brother and father which caused the mother to withhold the child from the father.
The Father commenced court proceedings seeking time with the child
Outcome:
Successfully had the matter transferred from the Federal Circuit Court to the Family Court and placed on the “Magellan List” – which is for cases involving sexual abuse or significant levels of violence. Matter now being closely monitored by the Family Court.
The Charges:
Parenting Matter
Court Attended:
Federal Circuit Court of Australia at Brisbane
Attendance Date:
29/11/17
Overview of Case:
We act for the father in a parenting dispute. The father has significant concerns regarding the mother’s new partner due to the new partner’s extensive criminal history and propensity for violence towards women and children. The partner has breached Domestic Violence Orders on numerous occasions and continues to do so.
Mother claims that the new partner is not a risk to the children despite evidence of domestic violence between her and the new partner that is ongoing with regular police involvement and wants her new partner to be allowed near her children.
Outcome:
Successfully argued to continue an injunction against the mother’s new partner from being allowed within 100m of the children and was successful in having the distance increased to 500m, with no increase of time between the mother and the children.
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Criminal Law, Traffic Law and Domestic Violence related matters anywhere in Australia
