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

Drive whilst suspended – First Offence

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

Result: No Conviction – Conditional Release Order

Drive whilst disqualified – First Offence

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

Result: Disqualified 3 months and fine of $400

Low range DUI – First Offence

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

Result: No conviction – Conditional Release Order

Affray

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

Common Assault

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.

Mid Range DUI – First Offence

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

Mid-range PCA - first offence

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.

Possess prohibited drug

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

Result: No conviction – Conditional Release Order – 12 months

Assault occasioning Actual Bodily Harm

Maximum Penalty: 5 years imprisonment.

Result: No conviction – Conditional Release Order 2 years

Affray

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

Possession of equipment for the administration of prohibited drugs

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

Result: No conviction – conditional release order – 6 months

Intentionally or recklessly destroy/damage property (DV)

Result: No conviction – Conditional Release Order 18 months

Drive motor vehicle on road during disqualification period - prior offfence

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

Six times over the limit

Offence: A women pled guilty to High Range PCA – First offence and failing to provide particulars after colliding with two parked vehicles.

Maximum Penalty: Imprisonment – 18 months (max) and/or fine $3,3200.00 max. Automatic Licence Disqualification – 3 years or 12 months (min)

Result: Sentenced to an Intensive Corrections Order for 9 months, 50 hours community service and disqualified from driving for 9 months.

Multiple Offences

Mid Range DUI , Exceed speed limit >20km, & Drive whilst disqualified – first offence

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.

Unlawful entry on inclosed lands, Stalk intimidate intending to cause fear of physical or mental harm, and Larceny

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

Contravene AVO, Stalk intimidate, Assault occasioning actual bodily harm, and Intentionally choke.

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

Contravene AVO, Stalk intimidate, Assault occasioning actual bodily harm, and Intentionally choke.

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.

Stalk intimidate and Common Assault

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.

Supply prohibited drug, Deal with proceeds of crime, Use prohibited weapon contrary to prohibition order, Possess prescribed restricted substance, Six charges of posses prohibited drug

Offence: Supply prohibited drug

Max Penalty: District Court: Imprisonment 15 years (Max) and/or fine $220,000; Local Court Imprisonment 2 years (Max) and/or fine $11,000 (Max)

Offence: Deal with proceeds of crime

Max Penalty: District Court: Imprisonment 3 years (Max); Local Court: Imprisonment 2 years and/or fine $5,500 (Max)

Offence: Use prohibited weapon contrary to prohibition order

Max Penalty: District Court: Imprisonment 10 years (Max); Local Court: Imprisonment 2 years and/or fine $11,000 (Max)

Offence: Possess prescribed restricted substance

Max Penalty: Local Court: Imprisonment 6 months (Max) and/or fine $2,200 (Max)

Offence: Six charges of posses prohibited drug

Max Penalty: Local Court: Imprisonment 2 years (Max) and/or fine $2,200 (Max)

Result: After negotiations with the police, the supply of prohibited drugs, deal with proceeds of crime and the weapon charge were withdrawn.

After pleading guilty to the possession charges he was sentenced to a Community Corrections Order for a period of 18 months.

Common Assault and Assault occasioning Actual Bodily Harm

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

Resist or hinder police officer in the execution of duty and Assault occasioning Actual Bodily Harm

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

3 Counts - Possess unregistered firearm – not pistol/prohibited firearm and Person possess a firearm that is not registered

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

3 Counts - Possess unregistered firearm – not pistol/prohibited firearm and Person possess a firearm that is not registered

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