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Criminal Law Services

Our team of highly experienced lawyers has had considerable experience in assisting clients in criminal and traffic matters. We pride ourselves on obtaining the best possible result for clients in a professional, cost effective and efficient manner. We have particular experience in the following areas:

  • Appeals
  • Violence Restraining Orders
  • Arrests
  • Assaults
  • Bail Applications
  • Committal Hearings
  • District Court and Supreme Court trials
  • Drink Driving
  • Drug Offences
  • Fraud
  • Parole Applications
  • Firearms Offences
  • Victims Compensation
  • Penalties
  • Proceeds of Crime
  • Offences against the Person
  • Search Warrants
  • Sentences
  • Sexual Assault
  • Summary Trials
  • Taxation Offences
  • Theft Offences
  • Traffic Matters (Drink Driving Offences/Reckless and Dangerous Driving)
  • Warrants
  • Property Offences
  • White Collar Crime

Cannot see your relevant area? Don't worry, this list is not conclusive and we can assist in many more situations. Contact us and we will be happy to assist you.

Frequently Asked Questions

General

Yes, to:

  • Advise you of your rights.
  • Explain any charges against you.
  • Explain your options.
  • Advise on any possible penalties.
  • Attend a police interview with you.
  • Make a bail application for you in court where you are bail-refused.
  • Represent you at court.

In most cases do not answer any questions apart from your name and address until you see a lawyer. The police should inform you that you have a right to contact a lawyer. Irrespective of the type of assurances you receive from the police, any answers given by you without proper legal advice may lead to the successful prosecution of the matter by the police leading to a jail term.

No. Unless you have given consent or it is at the request of police or an authorised public body.

To name a few, having a conviction; disentitles you to public office; it prevents you from holding a licence where the licensee must be of good fame and character; applying for registration as a medical professional or possibly even being employed in the public service.

Yes. Stealing as a servant is a very serious offence and convicted persons are liable to imprisonment for a period of up to five years. Alternatively these matters may be dealt with summarily and although the penalties are less they are serious and they can involve both imprisonment and a fine.

In general costs could be granted to you but it is most unusual and highly unlikely that this will occur unless it can be shown that the police did not act reasonably and bona fide in the circumstances. However in the Magistrates Court costs may be awarded on the basis that the Police case is so weak that no prosecution ought to have been instituted in the first place.

Yes. The first thing is to obtain all the relevant background information. The second is that if money was obtained then full reparation needs to be made as soon as possible. Thirdly you need to avoid making any admissions to anyone as social security fraud is considered and dealt with as a serious breach of the criminal law.

Assault

Some of these matters may be successfully defended provided there is evidence to substantiate that no assault took place. One of the best ways of doing this in a public place is to find out whether or not there were any security cameras operating at the time and whether the film is available to be viewed to prove what happened in the circumstances. Often the police refuse to release these tapes and they have to be viewed in order to ascertain exactly what transpired provided the tape shows that no assault took place and this, in conjunction with proper cross-examination should lead to the charges being dismissed.

Yes. There are a number of offences you may be charged with under the criminal law. One offence may be assault occasioning actual bodily harm and the other inflicting grievous bodily harm. The second is the most serious being a Schedule II offence. Imprisonment is a real possibility with the more serious matters.

When police ask you to attend an interview their intention is to obtain a statement following which charges are often laid. Here you should exercise your right to silence until you receive proper legal advice and under no circumstances should you attend the police station without your lawyer. Often the police will charge you, however they do not have the benefit of any admissions you would have made if you had been cautioned. This is extremely important as it allows your case to be presented in the best possible light as all they have is information obtained from the other side.

Yes. Common assault is the least serious of the assault charges. It is a summary offence and is dealt with in the Magistrates Court. It is highly unlikely that your son will be given a custodial sentence unless he has a serious criminal record of assault.

Violence Restraining Orders (VROs) / Restraining Orders

Basically there are three options:

  • withdrawal of the complaint and the giving of mutual undertakings;
  • consenting to the VRO but without admissions;
  • a contested hearing known as a Final Order Hearing.

VROs have potential career implications with regard to obtaining and/or retaining of employment in a field involving contact with children. In serious cases it has the potential to disqualify some people from employment in their chosen field.

Yes in a civil litigation against that person. However this could also be a breach of the criminal law in cases where the person gives sworn evidence or statements before a judicial officer, that person may be charged with perverting the course of justice, perjury or contempt of Court.

There is absolutely nothing you can do to have the charges withdrawn. She complained of the assault which she was entitled to do and the fact that she now regrets her action in reporting it to the police does not end it. The police are entitled to prosecute the matter and if she is an unwilling party they could charge her and if she changes her story she could be similarly charged and if this is carried through to the courtroom she could be charged with perjury.

Yes. The court considers these matters to be very serious as you are in breach of court orders and depending on the seriousness of the breach you may receive a custodial sentence.

Yes. You are in breach of court orders and therefore you have been refused bail as the court is not prepared to take the risk that you may reoffend. In your circumstances you need to obtain competent legal advice and representation otherwise the court is at liberty to deal with you severely.

Drug Matters

Yes. Both the police and the courts focus on supply for obvious reasons. Type, quantity and the weight of drugs being supplied is extremely important. There is a big difference between small, trafficable, indictable, commercial and a large commercial quantity of drugs with a consequent increase in penalties. The maximum sentence for drug offences range from two years ($2,200) for an offence such as possession to life imprisonment for importation. Fines can be as high as $550,000 for major offences and assets may be forfeited.

Yes. There are two relevant Acts, the Western Australian Act and the Commonwealth Act which deal with asset forfeiture. They specifically focus on drug trafficking and property may be forfeited to the Crown or the offender be ordered to pay financial restitution.

Unable find the answer to your question? Don't worry, contact us and we will be happy to assist you.