Last updated 28 November 2019
No Conviction Recorded
Our client was charged with assault police, obstruct police and commit public nuisance. Through negotiations and with our approach to sentence, we obtained a result whereby our client was fined and no conviction was recorded.
No Conviction Recorded, No Fine
Our client was charged with contravening a domestic violence order. This can be a very serious offence with up to three years imprisonment for a first time offender. The Magistrate was persuaded to impose a good behaviour bond of $150, payable only if further offences are committed within four from sentence. No conviction was recorded.
No Conviction Recorded
An affray, which is a fight in a public place, may have very serious consequences for the person charged. In this particular case, serious injuries had been inflicted. However, as we were able to demonstrate that a conviction would negatively impact upon her, we were successful in obtaining no conviction being recorded.
No Conviction Recorded
Our client had in his possession counterfeit money and used that counterfeit money at a shop. The currency was of a very good quality and was difficult to distinguish between real currency. Counterfeit money charges are a Commonwealth offence and require a conviction to be recorded. The maximum penalties for this offence was 10 and 12 years imprisonment. Through extensive preparation and submission, we made an application for probation and to not record a conviction. In our submissions, we explained how a conviction would damage our client’s prospects of gaining employment and further, that the application of counterfeit money was of a trivial nature. We were successful with this submission.
No Imprisonment
Our client was charged with multiple fraud charges where the value exceeded $20,000. Through effective case management and strong submissions, we were successful in obtaining a parole order.
No Imprisonment
Our had more than 20 charges of stealing, fraud and entering premises. If actual custody was to be imposed, there were significant concerns for his rehabilitation and taking care of his family. Through successful submissions, we were able to get our client parole.
No Conviction Recorded
Police identified our client through DNA testing and found that he was responsible for property damage. We were able to resolve this matter on plea of guilty. Through submissions we were successful in having no conviction recorded.
No Imprisonment
Our client had been charged while on probation for other drug offences, there were also multiple breaches of bail. This matter was negotiated and resolved on a plea of guilty. A term of imprisonment was highly likely. Our client received two year probation as opposed to imprisonment.
No Imprisonment
Our client was charged with multiple offences while on parole. We successfully negotiated a range of charges and proceeded to a plea of guilty. Our client received six months imprisonment, wholly suspended for two years, which means no term of imprisonment was required to be served.
No Imprisonment
Our client had a relevant and significant history of possessing dangerous drugs. This was a matter which went to the Supreme Court for sentence. In considering the client’s criminal history and significance of the current charges, imprisonment was highly likely. Bruce Peters prepared and presented submissions and was successful in obtaining parole, no term of imprisonment was imposed.
No Conviction Recorded
Our client had provided to police a false declaration. This is a very serious offence and can result in a conviction recorded. The recording of a conviction often needs to be disclosed to employers and new employers. We prepared and presented submissions which persuaded the court not to record a conviction.
Charges Withdrawn
Our client had been charged with medium range drink driving, driving without a driver’s licence, failing to provide a breath or saliva test, and failing to comply with duties of a driver involved in a crash. He was charged as a result of a crash and police later arrested and charged our client. While our client was involved in a car crash, the evidence and the legislation did not support the charges. We were successful in our submissions seeking to have all charges withdrawn.
No Conviction Recorded
Our client and another had entered a premises with intention to commit an indictable offence, namely stealing. While on the premises, our client and another had attacked a security guard. The evidence was overwhelming and we assisted our client in mitigation. An offence of this nature may ordinarily attract a term of imprisonment. However, this matter resolved by an early plea of guilty and successful submissions as to why a conviction should not be recorded.
No Imprisonment
Our client had a substantial and relevant criminal history for stealing and other dishonesty offences. This matter proceeded to a plea of guilty and submissions were made that our client had turned his life around. When the offences were committed, he was homeless and jobless. However, at sentencing, we were able to indicate to the court he had gained employment and residence. The Magistrate was persuaded by our submissions and gave him three months imprisonment, wholly suspended.
Immediate Parole Release
Our client had been charged with more than 50 summary matters and three indictable matters. This required attending both the Magistrates and District Court for sentence. On the 50 charges, we made a submission seeking immediate parole owing to the time she had already spent in custody. This result was not interfered with by the District Court, irrespective of those charges being more serious.
4 Months Imprisonment – Significant Reduction in Sentence
Our client had been charged with grievous bodily harm in company at night. The circumstances of the offending and the permanent physical harm caused to the victim often requires a lengthy term of imprisonment, between 9 to 12 months being required to be served. Through extensive preparation for sentence and lengthy submissions, we achieved a result which required our client to serve 4 months.
No Conviction Recorded
Our client had in his possession counterfeit money and used that counterfeit money at a shop. The currency was of a very good quality and was difficult to distinguish between real currency. Counterfeit money charges are a Commonwealth offence and require a conviction to be recorded. The maximum penalties for this offence was 10 and 12 years imprisonment. Through extensive preparation and submission, we made an application for probation and to not record a conviction. In our submissions, we explained how a conviction would damage our client’s prospects of gaining employment and further, that the application of counterfeit money was of a trivial nature. We were successful with this submission.
Charges Withdrawn
Our client was charged with common assault, whereby it was alleged he had pushed another person out of his apartment. However, in this particular case, it a defence was available in the Act. This allows a person to remove another from their property, provided that they did not cause that person grievous bodily harm. Accordingly, as the harm here was minimal, the charges were withdrawn.
Recognizance Order– No Imprisonment
Our client, who was in his early 40’s was charged with accessing and possessing more than 30,000 images. An offence of this nature requires a term of imprisonment. Through our office, we managed his matter from start to finish and were successful in obtaining no imprisonment.
Charge Withdrawn
Our client was charged with distributing CEM. However, the issue with “distribution” is that the charge requires a fault element. Through an extensive review of the facts and applying the law, we were successful with our submission that the distribution charge should be withdrawn.
