Legal Cases & Results as of July 2024

Indecent dealing with a child under 13

This was a recent 5 day Jury Trial.  The facts involved an allegation being raised by an ex-partner after an acrimonious breakup.

The allegation was that the client had touched the vagina of a young child.  We defended the allegation on the basis that the mother had coached the child to make the allegation.  Careful preparation of the case identified passages of evidence that were consistent with the child adopting significant information only available from adults.

It was a hard fought case.  The Jury in our view accepted the defence and acquitted our client.  This would be a matter that otherwise would have resulted in an immediate term of imprisonment.

Attempt to pervert the course of justice – negotiated discontinuance of the matter

This is a matter that had been tracking through the Courts for some 13 months. We took over the handling of the matter in late February 2024. Once we examined the Brief and in particular text messages and telephone intercepts, it became apparent there was no prima facie case and that the matter shouldn’t be taken through to a Jury trial.

The matter had been ongoing for such a long time that the very next appearance in March 2024 was in fact a trial listing hearing to set the Jury trial. As a result of submissions we made to the DPP, the DPP agreed and on the date set for the matter to be listed for a trial the matter was discontinued.

It was discontinued on the basis that the DPP accepted that there was not a prima facie case in relation to this matter. So strictly speaking this man should never have been charged but after being charged, unfortunately it stayed in the system for some 13 months.

Grievous bodily harm – negotiated discontinuance of the charge & successful application for costs

Our client was charged with assault occasioning grievous bodily harm after an incident occurred between him and a family friend.

This charge was an Indictable charge which would need to be determined in the District Court before a jury. We were successful in having this charge downgraded to a charge of assault occasioning bodily harm.

This meant that the charge could be determined in the Magistrates Court, which is a costs jurisdiction. Meaning that if we were successful, we would be able to make an application for our client to be awarded costs.

We provided multiple submissions to the prosecution. The defence we were running was that of self defence and provocation. Two days before the trial was due to commence, the prosecution discontinued the charge.

We made an application for costs, which was successful. This meant that our client was not out of pocket for his legal fees.

Spent Conviction in the District Court

Over 10 years ago our client was sentenced in the District Court for multiple serious sexual offences.
These convictions were significantly impacting on his life.

We made an application in the District Court for these convictions to be spent. The application was successful and the Judge ordered that these serious convictions be spent.

Indecent dealing with a child under 13

The offence involved a person who indecently dealt with a child under the age of 13 and was progressed on a fast track of guilty plea to the District Court of Western Australia.

Sentencing submissions were heard by the Presiding Judge and the person was sentenced to a 15 month conditional suspended term of imprisonment.

Aggravated stalking with intent to intimidate matter – charges discontinued and costs awarded

The allegations involved our client who allegedly harassed the victim by calling and messaging continuously over a period of time.

Our client was subsequently charged. Written submissions were made by our office to Perth Magistrates Court stating that all interactions between our client and the victim were consensual in nature and as such the accused could not be charged with this offence.

After consideration, the charge against our client was discontinued and an order of costs was awarded to our client.

Attempted manufacture of Methylamphetamine

This was a District Court matter involving the hiring of an Airbnb house. A number of persons used the house over a weekend to make Methylamphetamine.
During that process a fire broke out, which caused more than $80,000 damage. The accused man was one of a number charged with attempted manufacture of Methylamphetamine.

He is very lucky to be dealt with by way of a conditional suspended imprisonment order CSIO. He was very grateful for the outcome.

FVRO matter

The matter proceeded to a Final Order Hearing, the parties in this matter were neighbours who were disputing over common land.

The matter was negotiated, and the parties entered a Mutual Undertaking meaning that the matter did not need to be heard over a day trial.

Stealing and Trespass matter

The offence involved a person who entered upon a construction zone without consent to steal copper wire. The person had a significant criminal history, and a conviction would likely lead to a term of imprisonment.

A plea in mitigation was heard by the Magistrate and the Magistrate determined that the best way to deal with this matter was by way of fine.

Workplace alleged assault – acquitted and costs awarded

Charges – Assault occasioning bodily harm & indecent assault

The allegations involved a supervisor said to have assaulted an employee causing a broken bone in the foot. Also alleged as occurring that was part of that conduct was also an indecent assault.
The client pleaded not guilty, the matter went to trial, took a full day and our client was acquitted of all charges and the Prosecution was ordered to pay $10,000 in costs.

This man was in the process of getting permanent residency and a conviction would have led to him being deported.

Criminal confiscation matter – reckless driving

The allegations involved a driver of a motor vehicle who exceeded the speed limit of 40km or more.

The driver was subsequently charged with reckless driving and the car was confiscated by WAPOL. An affidavit was lodged on behalf of the driver with respect to undue hardship, setting out grounds of why the car should not be confiscated and the detriment it would cause to the driver.

The vehicle was a Mercedes Benz. The affidavit was determined by the Magistrate, and it was held that the car should not be confiscated by WAPOL.

Spent conviction – obtained

This matter was heard in the Midland Magistrates Court. This client was charged with the offence of possessing prescription medication and possession of a controlled weapon.

He unfortunately had an outdated prescription for the medication caused due to a work related accident and the weapon was ornamental.

Upon submissions to the Midland Magistrates Court and early pleas of guilty to the charges the client was sentenced to a fine, but most importantly received a spent conviction order for the matter.

Drug offence charge

This matter came before us as a very serious indictable charge.

The client was essentially charged with possession of equipment for the commercial manufacture of a controlled drug.
This was a Commonwealth charge.

After making significant changes to his lifestyle, obtaining full time work and having a supportive family, we made submissions to the Commonwealth that he should not receive a term of immediate imprisonment was accepted.

After a hard and very long fight the Court agreed with us, he ultimately was sentenced to a suspended term of imprisonment for 8 months.
This means he now can focus on his apprenticeship and making a better life for himself.

Charge under the Children and Community Services Act – discontinued

Our client was charged with charges under the Children and Community Services act, including charges of having care or control of a child engaged in conduct that was reckless and may have resulted in that child suffering.

Initially, these charges prevented our client from having contact with their children, who were the subject of these allegations. We were able to have our clients bail amended to allow contact with these children. Extensive submissions were provided to the Police Prosecution for the summary charges and to the Department of Public Prosecution for the indictable charges, and after significant persuasion and going back and forth, the police prosecution discontinued all charges against our client and we were granted costs.

A few months later, we were successful in having the Department of Public Prosecution also discontinue all charges against our client.

Use of surveillance device

This was a matter where the client was charged with two offences, which both were offences that would attract terms of imprisonment for in the usual circumstances.

Upon negotiations with the Prosecution the charge of using a surveillance devices act was discontinued and the remaining charge of threats to cause detriment proceeded on a plea of guilty. This involved facts where our client and the complainant had entered into an unusual sexual relationship and the bounds of what could be shared were not defined. The client was ultimately convicted of stating that he would share the image to the complainant’s partner as part of the “role play” fantasy that they had agreed to initially.

Given the background of the charge and his good character, he was granted a fine and a spent conviction order for the charge.

Common assault in circumstances of aggravation – discontinued and awarded costs

This matter involved a client who had had a difficult breakdown in the relationship with his partner.
He was charged with the offence of common assault in circumstances of aggravation.

His partner was wholly unsupportive of the charge proceeding, and upon submissions being provided to the Western Australia Police, the matter was discontinued.

This allowed the client and his family to be reunited and the Client was awarded costs from the State in the sum of $2,500.

Use of surveillance device

This was a matter where the client was charged with two offences, which both were offences that would attract terms of imprisonment for in the usual circumstances.

Upon negotiations with the Prosecution the charge of using a surveillance devices act was discontinued and the remaining charge of threats to cause detriment proceeded on a plea of guilty. This involved facts where our client and the complainant had entered into an unusual sexual relationship and the bounds of what could be shared were not defined. The client was ultimately convicted of stating that he would share the image to the complainant’s partner as part of the “role play” fantasy that they had agreed to initially.

Given the background of the charge and his good character, he was granted a fine and a spent conviction order for the charge.

Common assault in circumstances of aggravation – discontinued and awarded costs

This matter involved a client who had had a difficult breakdown in the relationship with his partner.
He was charged with the offence of common assault in circumstances of aggravation.

His partner was wholly unsupportive of the charge proceeding, and upon submissions being provided to the Western Australia Police, the matter was discontinued.

This allowed the client and his family to be reunited and the Client was awarded costs from the State in the sum of $2,500.

Dog act prosecutions

This matter came to this office whereby the client’s greyhounds had both been charged with offences involving a sad and traffic death of a puppy. The client’s dogs were on a leash in the park, but sadly when the puppy approached the client’s dogs, one of them mistook it as a chew toy and sadly the puppy passed away due to injuries.

The matter was resolved whereby only one of the dogs was the subject of a charge, instead of both dogs, and a destruction order sought by the Council was dealt with by way of a remitted destruction order. Allowing the dogs to remain in the community and continue to rehabilitate from their racing days with their owners.

Distributing an intimate video – client found not guilty and awarded costs

This matter came to Court with a charge of distributing explicit material. The client had done so at the alleged complainant’s request.

Unfortunately, he was charged with distributing it without consent. Despite submissions to the Western Australia Police that the charge should be discontinued as there was no merit in it, the Police took the matter to trial.

After a half day hearing in the Perth Magistrates Court, the client was found not guilty and was acquitted of the charge. He was awarded costs at the expense of the State, for the charge proceeding when he successfully defended it, in the sum of $5,791.

Assault charges – we negotiated a spent conviction

This particular client was a security officer “manning” the door for a nightclub in Perth City. During the course of the evening a patron had become intoxicated and was aggressive and abusive towards the client. During the course of assisting Police Officers in detaining the client, he has unfortunately, caused an assault to occur on the complainant.

The client, after negotiations with the Western Australia Police Force, was able to get the best outcome by obtaining favourable facts of the offending behaviour and received a fine and a Spent Conviction Order for the offence.

Sexual penetration of a child under 13 – client acquitted at trial

This matter was listed for a District Court trial before a Jury for a 3 day trial hearing for a sexual assault matter. The accused person maintained his innocence throughout the hearing.

At the conclusion of the hearing, the Jury were not satisfied of the Complainant’s evidence and the Client was acquitted of the charges.

These matters were so serious that had he been convicted a significant term of imprisonment would have followed.

Common assault in circumstances of aggravation – charges discontinued and awarded costs

This matter is unfortunately, a sad matter. He was charged with one count of common assault in circumstances of aggravation. The client was extremely unwell, mentally, at the time the offence occurred.

Following submissions to the Western Australia Police to discontinue the charges, noting that the complainant was not supporting the charges proceeding, the Western Australia Police discontinued the charge. The client was awarded costs in the sum of $1,500.

Reckless driving – spent conviction application

This client was a particularly well educated man, who made the mistake of speeding on a busy road. He lived in a country town and was a well respected member of the community.

Most importantly, he had no prior criminal records. After pleading guilty at an early stage, the Court granted him a nominal fine and a Spent Conviction Order. This meant that the conviction would not show up on his National Police Clearance and he is now free to go about his life unencumbered.

Common assault trial in Busselton – found not guilty and awarded costs

This matter was listed for a one day trial hearing in the Busselton Magistrates Court. Due to the complexity of the matter, the matter was then part- heard and listed for a second day. Numerous submissions were made to the Prosecution to discontinue the charge due to the fact that there were no reasonable prospects of conviction. The Prosecution did not accept those submissions.

The ultimate outcome of the matter was that the client was found not guilty of the charge and acquitted. This was an excellent outcome for a young man who maintained his innocence throughout the matter and had to endure a trial.

He was subsequently awarded costs by the State, from the Prosecution, in the sum of $18,223.00.

Sexual penetration without consent – charges discontinued

This client was listed for a jury criminal trial in Esperance for the charge of sexually penetrating an individual without consent. The matter was fraught with issues and there were oral submissions to the Office of the Director of Public Prosecutions to ascertain why the matter was proceeding, given the fact that the complainant in this matter was not credible. The client had, unfortunately, endured about 5 years with this matter over his head waiting for a trial.

Ultimately , on the day of trial, after attending to Esperance, the Office of the Director of Public Prosecutions discontinued the charge against him.

He is now a free man in Esperance.

Assault a police officer – successful dismissal

Our client was charged with assaulting a police officer, which occurred outside a nightclub in Northbridge and involved an elbow to the police officers jaw. We sent the prosecution submissions arguing that the assault occurred as a result of our client accidentally striking the police officer.

We were successful in having the prosecution discontinue this charge.

Successful bail application for possession of methylamphetamine with intent to sell/supply

Our client was charged with possession of over 1 kilogram of methylamphetamine with intent to sell/supply and possession of around $250,000.00 of unlawfully obtained cash.

We were successful in obtaining bail for him in the Perth Magistrates Court.

Assault charges and successful spent conviction application

Our client was charged with one count of assault occasioning bodily harm and one count of common assault that occurred during a punch up during a night out. We providing submissions to the prosecution and were successful in having the charge of assault occasioning bodily harm discontinued.

Our client ended up pleading guilty to one charge of common assault and received a small fine and a spent conviction.

RSPCA prosecution fails

The charge was that our clients, a farmer, and his partner were cruel to an animal, namely a sheep, being the person in charge the animal suffered harm that could have been alleviated by taking reasonable steps – section 19(3)(h) of the Animal Welfare Act 2002 (WA).

Our client and his partner were both charged in relation to a single sheep located on the property.  Our client was an experienced farmer having farmed all his life, more than 40 years.  He had some 3,000 sheep on a 3,000 acre property.

RSPCA officers were on the property for another reason and while in a paddock noticed this particular sheep that clearly was suffering and needed to be euthanized.  As part of the case, the best scientific evidence available indicated that the sheep had been suffering for a minimum period of 4 days.

Our client was checking on his 3,000 sheep which were located in 4-6 paddocks on a daily basis, both for water, welfare and also arranging feed.  The particular animal at the time sighted was not on its feet and it was impossible to assess when the animal was not with the herd.

We maintained we would have seen the particular sheep and euthanized it within a day of it being noticed by the RSPCA.

As a result of the extensive submissions made in relation to both our client and his partner, who was also charged the RSPCA brought an end to this prosecution that had been on foot for more than a year on the morning of the trial.  The RSPCA was ordered to pay $9,000 legal costs in relation to both our clients.

Reckless Driving – successful defence of extraordinary emergency

We had a client who was charged with reckless driving. We provided the prosecution with submissions in relation to the defence of emergency. They refused to discontinue the charge so we took the matter to trial.

At trial, we ran the defence of emergency, being that our client reasonably believed that her daughter’s life was in danger and that our client needed to drive as fast as should could to reach her daughter’s location as a result.

The Magistrate found in our favour. He was satisfied that there was an extraordinary emergency, that our client did need to drive in this manner in response to this emergency and that this response was reasonable.

The trial went for 2 hours. We were awarded costs in the sum of $4,700.00.

Possession with intent to sell/supply

A four day jury trial in the Perth District Court for the charge of possession of methylamphetamine with intent to sell/supply.

It was a very strong prosecution case, where admissions to possession had been made by our client in relation to ownership of the package of methylamphetamine.
It was alleged that this packet of methylamphetamine was thrown by our client some short distance away to where our client was arrested by the police. The drug package was found in close proximity to our client. There was a further smaller package of methylamphetamine found in our clients car.

Despite this, we fought hard and our client was found not guilty of the charge.
A conviction for this charge would have resulted in a lengthy term of immediate imprisonment. This was one for the true believers.

Unlawfully used a restricted-access system and intended to gain a benefit & unlawfully used a restricted-access computer system

This is a matter in which we acted for a person charged with the above two offences. The first was a matter that could only be dealt with in the District Court and would involve a jury trial. After submissions to the DPP, once it was in the District Court, it was discontinued.

The second matter is a matter that could be tried in the Perth Magistrates Court and was actually set for trial in late 2023. This is a matter that we also did a submission on and prosecution realising they didn’t have a case, brought the matter to an end and were ordered to pay $5,500 in relation to legal costs.

Attempted burglary

Our client was in custody. 2 counts of attempted burglary each covered by CCTV.

Each charge was set for a separate trial date. After extensive negotiations. It was accepted that an inference could not be drawn as to an intention to commit the offence of burglary. The vision of our client outside the dwellings in each case consistent with other explanations. Client acquitted on each separate trial. No evidence being offered.

Police made to pay costs on both occasions.

Assault occasioning bodily harm

This was a matter in July 2023. It was an allegation of assault on a bouncer on at Perth nightclub.

Our client maintained the bouncer came up to him aggressively and he believed he was about to assaulted. He instantly punched the bouncer in the face. This man was acquitted after Trial on the defence of having an honest and reasonable but mistaken belief that he was about to be assaulted.

Notwithstanding that the Court found that the bouncer wasn’t going to assault him, it was an honest and reasonable belief that our client had and he is entitled to be acquitted.

Prosecution ordered to pay $10,000 in relation to costs.

Persistently engaged in sexual conduct with a child under the age of 16

This was a matter where our client pleaded guilty to the above very serious charge. It involved a child aged 14.

The child informed our client during the offence period she was 18 or 19, indeed a letter written by the child during the period contained a statement that she was nearly 19.

The Court accepted our client honestly believed she was over 16 and could have been 18 or 19. The Court also accepted he was genuinely shocked when he discovered her real age. All contact then ceased. He was otherwise rebuilding his life from a very sad background and currently in full employment.

He was given a conditional suspended imprisonment of two years, suspended for 18 months. So, he did not go to prison.

Assault charges – for trial

We had a client facing a trial in the Magistrates Court for assaulting his partner at the time and impeding her breathing (strangulation).

We provided submissions to the prosecution to discontinue the charges.

On the morning of the trial, the prosecution discontinued all the charges and we were successful in making an application for costs for this matter.

Possession with intent to sell or supply

15g of methylamphetamine. Indictable to be dealt with in the District Court.

We negotiated with the DPP over a lengthy period right up until the matter was about to be listed for a jury trial in the District Court and the DPP agreed to downgrade the matter to possession only.

The matter to be dealt with in the Magistrates Court, no imprisonment.

Our client was charged with kidnapping a child

2 day pre-recording of the child’s evidence following cross-examination of the child by one of our lawyers.

Following this the State discontinued the charge as there were no longer reasonable prospects of a conviction.

Sexual penetration

6 day hard fought jury trial.
Two friends. He stayed the night.

Allegation he entered the bedroom and her bed. Sexually penetrated.

Client absolutely denied it. Acquitted.

Our client was charged with reckless driving

We acted for a client in a country town in relation to reckless driving.

It was important that the client not have a conviction and we were successful in getting a spent conviction.

April 2023 – 5 day Jury Trial

2 counts of sexual penetration without consent including one count of cunnilingus.

Jury took 30 minutes to find our client not guilty.

March 2023 – Trial

Public servant accused of accessing a restricted access computer system on four separate occasions.

A very complex matter and court appearances before a trial. The accused was acquitted and the Prosecution ordered to pay $26,000 to us in relation to costs.

March 2023 – Jury Trial

Two charges of indecent dealing with a child, the allegation being on two occasions there was a sexual touching at a major West Australian Sporting Event were heard in the District Court.

The accused was acquitted.

Jury trial in the District Court February 2023 – grievous bodily harm, intent to injure, unlawful damage, AOBH, stealing

This was a major trial listed for 5 days.

The first day of trial during cross-examination not happy being questioned the witness in the middle of the cross-examination simply said he needed a break, got up and walked out.

It was adjourned for a short time and then because he disappeared the trial couldn’t proceed and the accused man was acquitted of all charges.

Dangerous driving occasioning grievous bodily harm

5 day jury trial.  Allegation client deliberately struck pedestrian at night resulting in grievous bodily harm.

We fought the case maintaining the injuries were inconsistent with any such collision and the pedestrian must have been drunk and fallen over.

Client denied any impact at all.  Acquitted.

Grievous bodily harm

5 day trial. Stabbing to the back. Self defence raised by us.
Jury agreed. Acquitted.

Indecent assault on incapable person

This matter was District Court trial for 5 days. It was a serious sexual allegation against a female worker.
The client was acquitted.

Charges of assault

We acted for a young man who is mentally unwell and charged with assault.
Negotiations led to the charge being dropped.

January 2023 – sexual penetration trial

There were 4 charges all of sexual penetration of a father against his daughter the client was acquitted by the jury of all charges.

Public servant charged with indecent assault

We acted on a 2 day trial in relation to a public servant alleged to have touched a female on the groin in the course of their employment with other evidence of inappropriate behaviour with other females.
The public official was acquitted.

Dangerous driving causing bodily harm – client acquitted and ordered costs

This was a trial alleging bodily harm to a pedestrian at junction intersection. The pedestrian walked across the road and was hit by our client as they were turning right. We were able to carefully analyse CCTV frame by frame that as a result of passing traffic coinciding when the pedestrian started walking our client would not be in a position to avoid hitting the pedestrian as they were in the process of turning right.

Client was found not guilty, acquitted. Police ordered to pay costs in excess of $8,000.

Shirley represented a woman accused of Aggravated Home Burglary and Robbery. The matter was set down for 3 days in the District Court.

After mounting a robust defence, the woman walked free from Court.

Unlawful possession of a firearm and ammunition – client acquitted and ordered costs

This matter involved a very serious charge in relation to a fully automatic 9mm sub-machine gun found buried in the metropolitan area together with ammunition. Police maintained DNA found on the barrel matched the accused. It proceeded to a trial date. Extensive negotiations leading up to it. In the end police offered no evidence. Our client was acquitted. Police were ordered to pay costs.

This was a matter if convicted would involve immediate imprisonment.

Max represented a man charged with multiple sexual historical sex offences. This was extremely stressful for the accused as he was completely innocent of the charges.

After a 3 day jury trial, the man was acquitted of all charges.

Sexual penetration without consent

This was a 5 day Jury Trial in the District Court in May 2022 involving a pretext call and the client acquitted.

A pretext call is where the Police allow the alleged victim, if they wish, to have a recorded mobile phone conversation with the accused person. The conversation is intended to prompt the alleged accused person to admit his conduct which is the subject of the criminal act that Police are investigating. That call is then played in Court for the jury to hear.

Man acquitted after trial – serious offences

Kate Pearson represented a man in the District Court before a jury after he was charged with two sexual offences.
The trial lasted 3 days and the man was acquitted of both charges and walked away from Court a free man.

This outcome was achieved by Kate through her hard work and diligence.
If you require representation for any indictable or summary matter, do not hesitate to contact us.

Woman acquitted after jury trial

Shirley represented a woman accused of Aggravated Home Burglary and Robbery. The matter was set down for 3 days in the District Court.

After mounting a robust defence, the woman walked free from Court.

Man acquitted after jury trial – driving offences

Margot represented a man in a 3-day jury trial for multiple serious driving charges. If convicted the man would certainly have gone to prison.

Margot did an outstanding job and as a result of her hard work, the man was acquitted of all charges, meaning he could go home to his family.

Historical sex offences – Man acquitted

Max represented a man charged with multiple sexual historical sex offences. This was extremely stressful for the accused as he was completely innocent of the charges.

After a 3 day jury trial, the man was acquitted of all charges.

Man Charged with Sexual Offences – Acquitted

Max represented a man charged with sexual offences against three women, the man categorically denied the allegations and the matter proceeded to trial in the Perth District Court.

Despite many complainants, the man was acquitted by the jury and the man was released.

Judgement of Conviction Overturned on Appeal

Our firm represented a man in the Magistrates Court for trial, the charge alleged that he committed a sexual offence.

The man was found guilty at trial. However, our firm immediately lodged an appeal to the Supreme Court and the conviction was overturned.

Aggravated Sexual Penetration Without Consent – Acquittal

Max represented a man charged with Aggravated Sexual Penetration Without Consent and the matter was heard before a jury in the District Court.

The trial listed 4 days, and the man was acquitted of the charge. This meant that the man walked free from Court, which was a fantastic result.

If you require representation for a serious offence, please do not hesitate to call us and we will be happy to discuss the matter with you.

Aggravated Assault Occasioning Bodily Harm – Acquittal

Shirley represented a man at trial who was charged with Aggravated Assault Occasioning Bodily Harm.

It was alleged he assaulted a minor who was related to him. This man was acquitted at trial, and this meant that he walked away from Court a free man.

If you are charged with an assault based offence, we have skilled lawyers who can assist you.

Extraordinary Drivers Licence Granted

Kate represented a man who had lost his licence for No Authority to Drive. This man required a licence for the purposes of work. After preparing the application and affidavit, Kate represented the man at Court.

The man was granted the licence and was able to keep his job. If you require an Extraordinary Drivers Licence, call us to see if we can assist you.

Criminal Damage and Graffiti Offences – Charges Dropped

Kate represented a lady charged with Criminal Damage and Graffiti offences. Kate successfully negotiated with the prosecution to have the charges against her client dropped.

This was an excellent outcome for her client who maintained a clear criminal history.

Indecent Dealing – Cleared of Charges

Max represented a man at trial charged with indecent dealing with a child.

After a two day jury trial, the man was cleared of the charges and left the court a free man.

Extraordinary Driving Licence (‘EDL’) Granted by Magistrate

Our firm represented a man with a history of alcohol related convictions to acquire an EDL for the purposes of work.

With a complete knowledge of the matter and an understanding of the law, our lawyers were there to ensure the best case was put forward to the Magistrate to alleviate any concerns that the court may have had.

If you have lost your licence and need it for work, do not hesitate to contact us for representation.

 

Unanimous verdict – Jury acquits a man after 27 minutes

Our firm represented a man accused of sexual penetration without consent, in Karratha.

The trial lasted for two days. On the second day, the jury returned a unanimous verdict of not guilty and a verdict of acquittal was recorded. The man was released immediately.
Our firm is dedicated to securing the correct outcome and we work diligently to achieve this.
If you are charged with a serious offence, do not hesitate to contact us to discuss how we can assist you.

 

Unlawful Access to a Restricted Computer System – Successful Acquittal

Perth Public Servant charged with five counts of unlawful access to restricted computer system. This was a complicated matter involving five charges and the matter was listed for two days.

Close analysis of the Prosecution case revealed the Prosecution would struggle to establish a prima facie case. After discussions with the Prosecutor prior to the trial commencing, the matter was brought to an end, a formal acquittal entered and Prosecution ordered to pay over $8000 in legal costs.

These charges would have serious repercussions for a person’s future.

Exceptional Outcome for Serious Offence

Our firm represented a man charged with a serious sexual offence whereby the usual outcome is a term of immediate imprisonment. Our expertise allowed us to present the best possible case to the Judge, subsequently resulting in the man receiving a suspended term of imprisonment.

Providing the man commits no further offence during the period of suspension, he will serve no time in custody.

Do not hesitate to contact us if you require representation for a serious sex offence.

Armadale Man Charged with Reckless Driving to Evade Pursuit and Failing to Stop in Circumstances of Aggravation

These types of incidents are very serious involving a so called Police chase. All convictions of this offence result in an immediate term of imprisonment of not less than six months and one day.

This matter went to trial on 22 March 2018. The allegation related to a section of road in Southern River. A straight stretch of road, the Police alleged speeds of 140kmh were maintained by our client.

With the aid of photographs and maps and distances and measurements and notes not kept by the Officer, this case collapsed after approximately one hour of cross examination.

After discussion over lunch with the Prosecutor and with the Police Officer still to continue giving evidence under cross examination, the Prosecution elected to abandon that particular charge and the aggravated failing to stop and the matter was dealt with as simply reckless driving, no imprisonment with a costs award of $7000.
A conviction for the offence would have meant an immediate term of imprisonment.

Man Accused of Grievous Bodily Harm – Acquitted at Trial

Our office represented a man in Kalgoorlie after it was alleged he assaulted his de-facto partner by punching her and forcing her head to the ground resulting in a fractured jaw.
The fractured jaw required surgery resulting in a plate and screws being fitted by hospital staff.

Our client maintained his innocence and that in fact, the woman was the aggressor and he was simply fending her off.

After a three day trial, the jury returned a unanimous verdict of not guilty and the man was released immediately.

If you are charged with a violent offence, do not hesitate to contact us for advice and representation.

Family Violence Restraining Order (FVRO)

There was a charge of aggravated assault occasioning bodily harm together with a Family Violence Restraining Order (FVRO).

Both of these were resolved satisfactorily and the client was acquitted of the assault after trial and the Family Violence Restraining Order (FVRO) was resolved by way of an Undertaking.

Appeal to the Supreme Court for Bail Application

Bail had been refused in the Perth Magistrates Court for serious drug charges. Our client had been charged with attempted possession of 3kgs of Methylamphetamine.
Prosecution were strenuously opposing bail in the circumstances arguing that the matter was so serious that our client should be remanded in custody.

After appearing in the Supreme Court, we were able to persuade the Court to nonetheless grant bail and our client was released from custody.

Sexual Penetration / Indecent Dealing

Five Day Jury Trial.

Nine charges of sexual penetration of a child and indecent dealing of a child. Acquitted of two charges on a no case to answer submission, found not guilty of five charges by unanimous verdict of the jury. Convicted of two indecent dealing charges of kissing a child.

Outcome was a suspended term of imprisonment.

Mullaloo Man Challenges Speed Laser

As an experienced Perth traffic offence lawyer we successfully challenged the LTI ultralite L20-20 laser speed gun. The allegation was that detection was at over 350m. The gun was unsupported by tripod with officer leaning over signal box.

The effect of heart beat and breathing of officer affecting the laser beam at long distance, wrong car detected.

Transmission of Child Pornography (Revenge Porn)

We recently represented a Perth man in relation to transmission of child pornography that formed what the Court called revenge porn.

The sentencing was in the District Court and the person was not sent to prison but received and Intensive Supervision Order with a programme requirement to undertake counselling and supervision

East Perth man charged with assault occasioning bodily harm

The issue was self-defence – charge dropped after negotiation by our criminal lawyer team just prior to trial – client able to continue application for Australian citizenship with a clear record.

Perth Man charged with Reckless Driving Traffic Offence

Zigzag scenic drive, driving wrong way on one way road at speed – accident – car written off.

Reckless driving reduced to dangerous driving after negotiation on day of trial. Recovered costs and no licence suspension.

Jandakot man charged with driving under demerit point suspension facing loss of driver’s licence for nine months

The issue at trial was the service of the notice of the demerit point suspension collected at a post office in a sealed envelope. The Police say that is service of the notice. The Police could not establish at trial what was in the envelope. The Court found him not guilty and costs.

Indecent Dealing of a Child

A man from South West in WA facing Indecent Dealing charges and trial in the Perth District Court. Case dropped by the DPP and matter at an end after consideration of our cross examination of the child by Max Crispe.

Mandurah Public Servant charged with 43 counts of unlawful access of a restricted computer system

Pleads guilty and fined $4,000 and granted an immediate spent conviction after representation by our Mandurah & Perth criminal lawyer team . A great result to have so many offences but end up with no conviction recorded on their criminal record.

Bunbury Man Charged with Reckless Driving

Matter listed for trial on plea of not guilty. Represented by our Bunbury & Perth Traffic Lawyer. Negotiation on the day prior to trial commencing, the charge reduced to careless driving. End result $200 fine and we recovered a costs award of $3200 for the client. No effect on his driver’s licence.

Wilson Man charged with reckless driving

Police alleged 121km/h in a 50km/h zone on the basis that Police maintained a constant 50 metre distance to ascertain speed. Our traffic lawyers used the Police dash cam to dispute Police claim. Charge downgraded to careless driving. Small fine, no licence suspension and full recovery of towage and impoundment costs.

Sorrento man found not guilty after a Supreme Court jury trial on offence of arson

A serious allegation involving destruction of a house and the contents to the value of $340,000. Key issue in trial was identification. At the end of the trial the jury returned a unanimous verdict of not guilty and were clearly not satisfied our client was involved.

Spearwood Man Charged with Indecent Dealing with a Child under 13 years

Trial took place in February 2016. Jury returned unanimous verdict of not guilty.

Sale of prohibited drugs charge representation

Southern Suburbs Couple – Police seized cash of $71,819 as being reasonably suspected of being unlawfully obtained. It was suspected to be the result of sale of prohibited drugs. After negotiations with Police by our criminal lawyers, $51,819 was returned to the clients.

DNA Acquittal

Albany client acquitted by Jury after a challenge to police by our experienced DNA evidence lawyer regarding the origin of the DNA on a drug packet and money. See article at foot of page for more information.

Assault Public Officer Under Prescribed Circumstances

This is a matter that would require an immediate term of imprisonment of not less than six months. We were able to negotiate and have the prescribed circumstances removed for a client in Karratha during representation. The client was fined.

0.005 Traffic Offence

The Prosecution were seeking a period of suspension for the matter being a second offence. We were able to convince them and the Court that it was a first offence. No suspension.

Reckless Driving

This matter was set for a trial in Karratha. Our criminal lawyer negotiated with Police and matter reduced down to dangerous driving and no loss of driver’s licence.

Ballajura Man Facing Third Reckless Driving Based on Radar Detection

Identification was a key issue. The traffic offence charge was dropped after negotiations prior to trial. The client was entitled to recovery of all towage and vehicle storage fees as well as keeping his licence.

Kimberley Man Acquitted

Our client was acquitted of twenty two counts of unlawful use of a computer system in regional WA, the Police failing to establish unlawful access to any computer occurred and the case being thrown out on a no case to answer submission at the end of the prosecution case. His employment was preserved.

Successful Result in Dog Act Prosecution

Our clients were charged with being the owner of a dog that attacked a person resulting in physical injury. The City of Melville was seeking an order for destruction of the two dogs involved in the attack. We were able to convince the Magistrate that it would not be appropriate to make the order for destruction. This was a first offence for these dogs under the Dog Act and the owners had made efforts to demonstrate that they were responsible dog owners.

Accessed a Restricted Computer System
Section 440A The Criminal Code

Our firm has acted successfully in a number of these matters acting for clients.

We did a trial in Derby Magistrates Court where the client was found not guilty. We also acted for a client in the Kalgoorlie Magistrates Court. The case collapsed on the first day and the client was acquitted.

We have also appeared in situations where clients have admitted the offence and pleaded guilty. We have successfully obtained a spent conviction so the person ended up with no record.

We also acted for a school teacher in a four day trial involving nine charges. This was in the Joondalup Magistrates Court. These were serious allegations. If convicted, he would have lost his employment. We raised a ‘No Case’ submission at the end of the Prosecution case. That was successful and the decision was given on the fourth day. The client was acquitted and the Prosecution was ordered to pay our legal costs.

Our Perth criminal law and Perth traffic law legal team is always available for a consultation and representation on these computer & IT law matters.