Criminal Law2024-01-17T16:49:13+11:00

CRIMINAL LAW

Nichole has experience from licence appeals to serious criminal matters.  Whatever your criminal matter Nichole can assist. A strong advocate, Nichole loves being in court and has positive relationships with local practitioners, barristers, and the prosecution.

  • Apprehended Violence Orders
  • Assault
  • Break and Enter/ Theft
  • Domestic Violence
  • Drug Offences
  • Robbery
  • Sexual Assault
  • Sexual Touching
  • Affray and Public Violence
  • Bail Applications
  • Contravene AVO
  • Destroy Property
  • Dangerous Driving
  • Murder and Manslaughter
  • Stalk/Intimidation
  • Offensive Behaviour
  • Firearms and Weapons
  • Apprehended Violence Orders
  • Assault
  • Break and Enter/ Theft
  • Domestic Violence
  • Drug Offences
  • Robbery
  • Sexual Assault
  • Sexual Touching
  • Affray and Public Violence
  • Bail Applications
  • Contravene AVO
  • Destroy Property
  • Dangerous Driving
  • Murder and Manslaughter
  • Stalk/Intimidation
  • Offensive Behaviour
  • Firearms and Weapons

Criminal Offences: Results

Single Offences

Maximum Penalty: fined up to $3300 for this offence jailed for up to six months.

Result: No Conviction – Conditional Release Order

Maximum Penalty: fines up to $3300 for this offence jailed for up to six months.

Result: Disqualified 3 months and fine of $400

Maximum Penalty: suspension for 3 months and fines of $587

Result: No conviction – Conditional Release Order

Maximum Penalty:
Local Court: Imprisonment – 2 years (Max) and/or Fine – $11,000.00;
District Court: Imprisonment for 10 years

Result: Successfully negotiated with police agreed fact: sentenced to a Community Corrections Order 18 months and $800 fine

Maximum Penalty:
District Court: 5 years imprisonment; Local Court – 2 years and/or fine $5,500

Result: Pled guilty to assaulting a taxi driver over an argument regarding the fair. Sentenced to a conviction and a fine of $350.00.

Maximum Penalty: fines up to $3300, prison term up to 18 months, disqualification, and subject to alcohol interlock order.

Result: Disqualified 3 months and fine $600

 

Maximum Penalty:
Local Court: Imprisonment 9 months and/or $2,200 fine

Disqualification: 3 months (min); 6 month (max)

Result: Successfully negotiated with police agreed fact: sentenced to a Community Corrections Order 18 months and $800 fine.

Maximum Penalty: Fines of up to $2,200 and up to 2 years of imprisonment

Result: No conviction – Conditional Release Order  – 12 months

Maximum Penalty: 5 years imprisonment.

Result: No conviction – Conditional Release Order 2 years

Maximum Penalty:
Local Court: Imprisonment – 2 years (Max) and/or Fine – $11,000.00;
District Court: Imprisonment 10 years.

Result: Successfully negotiated with police agreed fact: sentenced to a Community Corrections Order 18 months and $800 fine

Maximum Penalty: Fines of up to $2,200 and up to 2 years of imprisonment

Result: No conviction – conditional release order – 6 months

Result: No conviction – Conditional Release Order 18 months

Maximum Penalty: Imprisonment 12 months and/or $5,500 fine, Automatice /mandatory licence disqualifaction: automatic 12 months disqualification or 6 months (Min)

Facts: 8 drive while disqualifed

Result: ICO, Home detention for 9 months, 8 months disqualified, $4,000 fine

Multiple Offences

Offence 1: Mid Range DUI – first offence

Maximum Penalty: Max 9 months imprisonment and/or fine of $2,200

Automatic licence disqualification for 12 months (max); Min disqualification 6 months

Result: Disqualified 3 months and fine $600

 

Offence 2: Exceed speed limit >20km

Maximum Penalty: Fine $2,200 

Result: Fine $250

 

Offences 3: Drive whilst disqualified – first offence

Maximum Penalty: 6 months imprisonment (max) and/or fine $3,300 (max)

Automatic disqualification 6 months or 3 months minimum

Result: Disqualified 3 months and fine $400, to be served concurrently – at the same time

To be served concurrently – at the same time.

Offence 1: Unlawful entry on inclosed lands

Result: $350 fine

Offence 2: Stalk intimidate intending to cause fear of physical or mental harm

Result: Community Corrections Order 18 months

Offence 3: Larceny

Result: conviction

Offence 1: Contravene AVO

Offence 2: Stalk intimidate

Offences 3: Assault occasioning actual bodily harm

Offences 4: Intentionally choke

Result: 3 years – Non Parole Period of 18 months

Offence 1: Contravene AVO

Maximum Penalty: Imprisonment – 2 years (Max) and/or fine of $5500

 

Offence 2: Stalk/intimidate intend fear of physical or mental harm

Maximum Penalty: Imprisonment 5 years (max) and/or fine of $5500

 

Offence 3: Common Assault (DV)

Maximum Penalty: 2 years (max) and/or fine of $5500

 

Results: Common assault withdrawn by police after representations were made. Sentenced to Community Corrections Order for 2 years for contravening AVO and stalking/intimidating.

Offence 1: Stalk/Intimidation

Maximum Penalty: Imprisonment 5 years and/or $5,500 fine

Offence 2: Common Assault

Maximum Penalty: Imprisonment 2 years and/or $5,500 fine

Offence 3: Common Assault (DV)

Results: Result: Common Assault withdrawn $500 fine for intimidation.

Offence 1: Common Assault

Offence 2: Assault occasioning Actual Bodily Harm

Result: Negotiated with police to withdraw common assault; sentenced to Community Correction Order for 12 months

Offence 1: Resist or hinder police officer in the execution of duty

Offence 2: Assault occasioning Actual Bodily Harm

Result: Negotiated with police to withdraw common assault; Fine $500

Offence 1: Possess unregistered firearm – not pistol/prohibited firearm

Offence 2: Possess unregistered firearm – not pistol/prohibited firearm 

Offence 3: Possess unregistered firearm – not pistol/prohibited firearm 

Offence 4: Person possess a firearm that is not registered

Result: Negotiated with police, reduced to one charge; No conviction – Conditional Release Order without conviction – 18 months

Offence 1: Mid Range DUI – first offence
Maximum Penalty: 9 months imprisonment and/or a fine of $2,200, Automatic licence disqualification for 12 months
Minimum Penalty: Disqualification for 6 months
Result: Disqualified for 3 months and fine of $600

 

Offence 2: Exceed speed limit >20km,
Maximum Penalty: Fine $2,200
Result: Fine of $250

 

Offence 3:Drive whilst disqualified – first offence
Maximum Penalty: 6 months imprisonment and/or a fine of 4$3,300
Minimum Penalty: Automatic disqualification 6 months or 3 months minimum
Result: Disqualified for 3 months and fine of $400

To be served concurrently – at the same time

Offence: Common Assault

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

Offence: Assault occasioning actual bodily harm (dv)

Act: Crimes Act 1900, Section 59(1)

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

Offence: Stalk or intimidate intending to cause fear of physical or mental harm (dv)

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

Offence: Stalk or intimidate intending to cause fear of physical or mental harm (dv)

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

Offence: Assault occasioning actual bodily harm (dv)

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

Offence: Common Assault

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

RESULT: Home Detention 15 months

Offence 1:  Contravene AVO

Offence 2: Assault occasioning actual bodily harm

Result: Aggregate sentence: 2 years with non-parole period of 12 months

Offence 1: Use carriage service to menace/harass/offend

Offence 2: Contravene AVO

Offence 3: Stalk/intimidate intend fear physical etc harm.

Result: Community Correction Order – 30 months and fine $1,500

Offence 1: Contravene AVO x 2

Offence 2: Drive motor vehicle during disqualification period – 2nd+off x 3

Offence 3: Drive vehicle, illicit drug present in blood – 2nd + offence

Offence 4: Dishonestly obtain financial advantage

Offence 5: Custody of knife in public place – first offence

Result: Intensive Corrections Order – 18 months

Offence 1: Drive with high range PCA – first offence

Maximum Penalty: Imprisonment 18 months and or fine $3300 automatic disqualification period 7 years or 12 months (min)

Result: Disqualified 8 months; Community Corrections Order 12 months and $750 fine

Offence 2: Never licenced person drive vehicle on road – first offence

Maximum Penalty: $2,200 fine

Result: $400 fine

Offence 3: Not stop at line/sign at level crossing

Maximum Penalty: $2,200 fine

Result: $150 fine

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