Disclaimer: Please note that these case studies show actual results from our files. The names of clients have been omitted and some details have been changed or omitted to protect our client’s confidentiality. Details of the charges and the penalties imposed have not been altered. Case studies are published to show real outcomes which may assist those facing similar charges. Obviously each case is unique, and we cannot guarantee that we will achieve the same result in your matter. Case Studies are published at our discretion. While most studies show average results, a few show exceptional outcomes achieved.
Criminal Law
CRIMINAL LAW:
| Category: | Criminal (Sexual Offences) |
| Court: | Southport District Court |
| Charges: | 3 Counts of Indecent treatment of child under section 210 of the Criminal Code Qld. 2 counts of Rape under section 349 of the Criminal Code. |
| Trial/Plea: | Potts Lawyers were successful in facilitating the Police withdrawal of the charges of Rape and 1 count of Indecent Treatment. The client pleaded guilty to the remaining 2 charges of Indecent Treatment. |
| Maximum Penalty: | The maximum penalty for indecent dealing is 20 years imprisonment. The maximum penalty for rape is life imprisonment. |
| Summary: | Potts Lawyers on behalf of the client submitted a detailed Psychological Report and numerous character references to assist the judge to understand the context of the client’s behaviour. Potts Lawyers submitted that a period of probation was appropriate in the circumstances and that no conviction be recorded. |
| Result: | The client was sentenced to a period of probation for 2 years. The client was ordered to perform 120 hours of unpaid community service as directed by an authorised corrective services officer, within 12 months, in a satisfactory way, at times directed by the officer. Other conditions regarding as to reporting, submission to psychiatric treatment and attendance at the sex offenders programme were also imposed. No conviction was recorded. |
| Category: | Criminal (Maritime) |
| Court: | Southport Magistrates Court |
| Charges: | Dangerously operating a vessel causing grievous bodily harm in contravention of section 43 of the The Transport Operations (Marine Safety) Act. |
| Trial/Plea: | Not Guilty Plea- Matter proceeded to a Summary Trial |
| Maximum Penalty: | The maximum penalty for Dangerously operating a vessel in contravention of section 43 of the The Transport Operations (Marine Safety) Act when grievous bodily harm is caused is 5000 penalty units (currently ($500,000) or 2 years imprisonment. |
| Summary: | It was alleged that the client was travelling in his boat at excessive speed and too close to the shoreline and this his wake caused a jet-ski to hit its owner, injuring a jet-skier. At trial all of the witnesses that were on the beach (or nearby) gave evidence of their insectionidual observations and there were 5 different versions. Under cross-examination, each witness was required to draw the path of the vessel. Experts were called to trace the five difference charts drawn by the witnesses and present them as one image. The prosecution then closed their case. A barrister briefed by Potts Lawyers then made a submission to the court highlighting the lack of evidence to suggest that the client was the driver or operator of the vessel. This was a necessary element of the offence that simply could not be proven on the prosecution evidence. Further it was submitted on behalf of the client that the prosecution evidence was inconsistent and could not be properly relied upon. |
| Result: | The Magistrate accepted this submission, agreeing that there was no evidence before the court indicating that the client was the driver or operator of the vessel. Accordingly, the charge against the client was dismissed and the prosecution was ordered to pay the client’s costs. |
| Category: | Criminal (Fraud/Dishonesty/Theft) |
| Court: | Southport Magistrates Court |
| Charges: | Stealing (section 391 of the Criminal Code) |
| Trial/Plea: | Guilty Plea |
| Maximum Penalty: | The maximum penalty for stealing under section 391of the criminal code with no aggravating circumstances 5 years |
| Summary: | The client had been arrested for shoplifting. Potts lawyers made submissions concerning the client’s family and employment situation, early plea and genuine remorse and the fact that the commission of the offence was out of character. |
| Result: | No conviction was recorded. The client was released upon entering into a recognizance in the sum of $200 to be of good behaviour and appear for conviction and sentence if called upon within 12 months (12 month good behaviour bond). The client was ordered to pay restitution for the value of the goods stolen. |
| Category of Offences: | Criminal Law (Sexual Offences) |
| Court Heard: | Southport District Court |
| Charges: | 4 Counts of Indecent Treatment of a Child Under section 210 of the Criminal Code Qld 1 Count of Possession of Child Exploitation Material under section 228D of the Criminal Code Qld |
| Maximum Penalty: | The Maximum penalty for Indecent Treatment of a Child is 20 Years and for Possession of Child Exploitation Material 5 years. |
| Plea/Trial: | Guilty Plea |
| Brief Description: | The client was charged with 4 counts of indecent dealing of a child, who was a relative, and 1 count of possession of child exploitation material. Court of Appeal decisions specify that a person must serve actual prison time in such cases. The Crown argued that a sentence of 3 years to serve 1/3 was appropriate. Potts Lawyers on behalf of the client submitted that such a term was excessive and drew the Court’s attention to the client’s early plea, previous hard work and good character and family support. |
| Result/Sentence: | A prison term of 2 years to serve 8 months was imposed by the Southport District Court. |
| Category of Offences: | Criminal Law (Assaults/Violent Offences) |
| Court Heard: | Southport District Court |
| Charges: | 1 Count of Grievous Bodily Harm under section 320 of the Criminal Code Queensland |
| Maximum Penalty: | The Maximum penalty for committing Grievous bodily harm is 14 Year imprisonment. |
| Plea/Trial: | Guilty Plea |
| Brief Description: | The client was charged with committing Grievous bodily harm after he was involved in a fight outside a nightclub. The complainant had been knocked to the ground by another person he was the kicked in the head by the complainant several times breaking his jaw. Potts Lawyers on behalf of the client made submissions: as to his young age and other work, occupation and family cultural background matters; that alcohol was not a factor. that there were no ongoing problems between the client and the complainant; that the complainant was angry at the client and assaulted him; that the more serious injuries were caused by another person and that the victim impact statement tendered concentrates more so on the serious injuries. Therefore limited weight could be put on this when considering the totality of the victim impact statement compared with the actual injuries that the client was pleading guilty to; that the degree of criminality was therefore far less; and a head sentence of perhaps 12 to 13 months should be imposed with an immediate suspension being appropriate in the circumstances. |
| Result/Sentence: | The District Court at Southport imposed a term of 18 months to be wholly suspended. No penalty of restitution or compensation was imposed by the district Court. |
| Category of Offences: | Criminal (Drug Offences) |
| Court Heard: | Southport Magistrates Court |
| Charges: | 1 Count of possessing property reasonably suspected of being the proceeds of a drug offence under section 10A of the Drugs Misuse Act. |
| Maximum Penalty: | The Maximum penalty for possessing property reasonably suspected of being the proceeds of a drug offence is 2 years |
| Plea/Trial: | Guilty Plea |
| Brief Description: | At the time of sentencing the client was in custody serving time for other drug related offences. |
| Result/Sentence: | The client was convicted and sentenced to 14 days imprisonment to be served concurrently with his existing sentence. |
| Category of Offences: | Criminal Law (Maritime) |
| Court Heard: | Gladstone Magistrates Court |
| Charges: | Being a person involved in the operation of a ship, namely a motor vessel caused that ship to be operated unsafely pursuant to the section 43(1) Transport Operations (Marine Safety) Act 1994. |
| Maximum Penalty: | 500 penalty units ($50,000) or imprisonment for 1 year |
| Plea/Trial: | Guilty Plea |
| Brief Description: | The clientwas operating a commercial boat and a number of persons had been hurt as a result of its operation. The prosecution submitted that the appropriate penalty was a fine of approximately $4,000.00 and that a conviction should be recorded. Potts Lawyers on behalf of the applicant made submissions detailing the client’s previous unblemished record and remorse. |
| Result/Sentence: | No conviction was recorded by the Gladstone Magistrates Court. The client was fined $2,000.00 (in default of payment to serve 40 days imprisonment). |
Court:Southport Children’s Court
| Category: | Criminal (Assaults/Violent Offences) |
| Charges: | Common Assault |
| Trial/Plea: | Guilty |
| Maximum Penalty: | 7 years imprisonment |
| Summary: | The client, who was a child was accused of indecent assault. Potts Lawyers negotiated with the Police to reduce the charge to Common Assault and made representations to the court as to the Client’s personal background, current educational situation and completion of the Youth Justice programmme. |
| Result: | Client was reprimanded. No conviction was recorded. |
| Category: | Criminal (Assaults/Violent Offences) |
| Court: | Southport District Court |
| Charges: | Unlawful Wounding |
| Trial/Plea: | Guilty Plea |
| Maximum Penalty: | 7 years imprisonment |
| Summary: | Client stabbed her partner with a knife after he told her he had slept with a prostitute. Client had no prior criminal record. The Department of Public Prosecutions asked for a 2 year sentence with time in custody. Potts Lawyers obtained a psychiatric report, character references and made submissions that the client’s actions were in response to extreme provocation. |
| Result: | A conviction was recorded. The court imposed a penalty of 12 months imprisonment to be served in the community by way of an intensive correction order. |
| Category: | Criminal Law |
| Court: | Brisbane Magistrates Court |
| Charges: | Willful Damage |
| Trial/Plea: | Guilty |
| Summary: | The client attacked and did damage to a BCC Bus and an Ambulance while he was drunk. |
| Result: | Client was convicted and fined $800. Client was ordered to pay $1885.64 restitution to the Brisbane City Council. No conviction was recorded. |
| Category: | Criminal |
| Court: | Southport Magistrates Court (Committal) |
| Charges: | Attempting to Pervert the Course of Justice s140 Criminal Code |
| Trial/Plea: | Not Guilty |
| Summary: | Client was accused of falsely representing that photos taken on one day were actually taken on another to avoid paying a low grade traffic infringement. |
| Result: | Potts Lawyers represented the client at committal and made submissions including that there was insufficient evidence to prove intent and that as such, no properly instructed jury could convict our client. The magistrate found that there was no case to answer and the client was discharged. |
| Category: | Criminal (Public Order Offences) |
| Court: | Southport Magistrates Court |
| Charges: | Committing a public Nuisance |
| Trial/Plea: | Guilty |
| Maximum Penalty: | $1000 or 6 Months imprisonment |
| Summary: | Our Client was involved in a large fight in the early hours of the morning outside bar at Surfers Paradise. Hisactionswere recorded on CCT footage. |
| Result: | Potts Lawyers made submissions on behalf of the client as to his personal background, circumstances surrounding the events, early plea of guilty and genuine remorse. The client was convicted and fined $300. No conviction was recorded. |
| Category: | Criminal Law |
| Court: | Southport Magistrates Court |
| Charges: | Dishonestly gaining a benefit or financial advantage section 235 Criminal Code (Cth) |
| Trial/Plea: | Guilty Plea |
| Maximum Penalty: | For each offence- 12 months imprisonment and $6,600 fine |
| Summary: | Client claimed the Centrelink Single Parenting Payment while being in a marriage like relationship. Client had a number of prior convictions for dishonesty offences. The Prosecution sought a custodial sentence (time in jail). Potts Lawyers made submissions on behalf of the client as to her family circumstances, her earlier violent relationship, her financial need, her feelings of financial insecurity in her new relationship, her early plea, remorse and co-operation with authorities. |
| Result: | A conviction was recorder and the Client was placed on a good behavior bond for a period of 3 years with a recognizance of $3000. Client was ordered to pay reparation to the Commonwealth of approximately $37,000 and pay $75.90 costs of Court. |
| Category: | Criminal Law |
| Court: | Southport Magistrates Court |
| Charges: | Threatening to cause detriment (Criminal Code s359) |
| Trial/Plea: | Guilty |
| Maximum Penalty: | The maximum penalty for threatening to cause detriment (Criminal Code s359) is 5 years imprisonment |
| Summary: | The client had an extended history of neighbourhood dispute and disturbances with the complainant. Client became agitated and yelled across the fence that she would stab the complainant. The complainant video-taped the incident. Potts Lawyers made submissions on behalf of the client as to the context of the commission of the offence and the client’s good character. |
| Result: | Without recording a conviction the Magistrate placed the client on a $200 recognisance to be of good behavior for 6 months. |
| Category: | Criminal Law |
| Court: | Brisbane Magistrates Court |
| Charges: | Stealing (Criminal Code s.398) |
| Trial/Plea: | Guilty Plea |
| Maximum Penalty: | The maximum penalty for stealing under section 398 of the Criminal Code is 5 years |
| Summary: | The client was filmed on CCT taking a mobile phone from the counter of a shop, which had been left there by another customer. |
| Result: | Without recording a conviction, client was fined a sum of $350 in default 4 days imprisonment and given 28 Days to pay. Client ordered to pay the clerk of Court $858 restitution and provided 2 months to pay. |
| Category: | Criminal Law |
| Court: | Brisbane Magistrates Court |
| Charges: | Assault Occasioning Bodily Harm s339(1) Criminal Code Obstructing a Police Officer s790(1) Police Powers and Responsibility Act 2000 |
| Trial/Plea: | Guilty |
| Maximum Penalty: | The Maximum penalty for Assault Occasioning Bodily Harm s339(1) Criminal Code is 7 years imprisonment. The maximum penalty for Obstructing a Police officer s790(1) Police Powers and Responsibility Act 2000 is a fine of $4000 and 6 months imprisonment. |
| Summary: | Client hit the car of a person who beeped her. She then punched the driver repeatedly causing injuries the complainant’s face, head, neck, arms and legs. Client left a shoe and her mobile phone at the scene. When the Police tried to arrest client, client absconded. Client was concerned as to the effect that a conviction would have on her travel plans. Potts Lawyers made submissions on behalf of the client as to the extenuating circumstances surrounding the offence. |
| Result: | Client was convicted and fined $360 in default to serve 7 days imprisonment. Client was ordered to pay $400 compensation to the Clerk of the Court. Client was provided with 3 months to pay the fine and compensation. No conviction was recorded. |
| Category: | Criminal Law |
| Court: | Pine Rivers Magistrates Court |
| Charges: | Unlawful Wounding |
| Trial/Plea: | No Plea Entered |
| Maximum Penalty: | The maximum penalty for unlawful wounding under section 223 of the Criminal Code is 7 years imprisonment. |
| Summary: | Client was charged after allegedly “glassing” the complainant during an argument causing some scaring to the top of his head. Potts Lawyers acted on behalf of the client to have the matter referred to the Dispute Mediation Centre for Justice Mediation. |
| Result: | No evidence was offered and the Court discharged the client of the offence. |
| Category: | Criminal Law |
| Court: | Southport Magistrates Court |
| Charges: | 5 Counts of Recordings in Breach of Privacy section 227A Criminal Code |
| Trial/Plea: | Guilty |
| Maximum Penalty: | The maximum penalty for making a Recording in breach of privacy section under 227A Criminal Code is 2 years imprisonment |
| Summary: | Client was a Fast- Food store shift Manager. He secretly recorded images of female workmates in the change-room at work. |
| Result: | Client was convicted. The conviction was not recorded. Client was placed on probation for 2 years with conditions as to treatment and reporting. The images were to be destroyed and equipment to record them forfeited. |
| Category: | Criminal |
| Court: | Southport Magistrates Court |
| Charges: | Willful Damage section 469 Criminal Code |
| Trial/Plea: | Guilty |
| Maximum Penalty: | The Maximum penalty for Willful Damage under section 469 Criminal Code is 5 years imprisonment. |
| Summary: | Elderly client scratched the car of the complainant, with whom he was in dispute over body corporate issues. Over $4000 worth of damage was caused. The incident was recorded on CCTV. Potts Lawyers made submissions on behalf of the client regarding the circumstances of the offence and our client’s age, work history and good character. Potts Lawyers submitted that the client should be discharged completely. |
| Result: | Charge was discharged absolutely under s19(a) of the Penalties and Sentencing Act |
| Category: | Criminal Law |
| Court: | Brisbane Magistrates Court |
| Charges: | Refusing to answer questions at an Australian Crime Commission Hearing |
| Trial/Plea: | No Plea entered |
| Maximum Penalty: | $20,000 or 5 years imprisonment |
| Summary: | Potts Lawyers was able to raise legal argument relating to the validity of the summons issued to the client. Potts Lawyers was also able to call on the expertise of ADLA partner Caldicott & Co. who had run a similar case in Adelaide. |
| Result: | The Crown offered no evidence and the charges against the client were withdrawn. |
| Category: | Criminal (Drug Charges) |
| Court: | Warwick District Court |
| Charges: | 1. Producing a Dangerous Drug in excess of 500g 2. Possessing a Dangerous Drug In excess of 500g 3. Possession of a utensil 4. Unsafe storage of a weapon |
| Trial/Plea: | Guilty Plea |
| Maximum Penalty: | In the client’s circumstances the maximum penalty for Producing a Dangerous Drug in excess of 500g was 20years imprisonment and for Possessing a Dangerous Drug In excess of 500g 20 years imprisonment. |
| Summary: | Almost 18kg of plants were seized by Police from the client’s farm. Potts Lawyers made mitigating submissions on behalf of the client. Client had taken steps towards rehabilitation and was able to provide the Court with negative drug tests. |
| Result: | In relation to the charge of producing, the client was sentenced to 4 months imprisonment, but this was suspended immediately. A conviction was recorded. In relation to the charge of possessing, the client was sentenced to probation for a period of 2 years. The client was not further punished for the remaining charges and no convictions were recorded in relation to these. Various property seized was forfeited. |
| Category: | Criminal |
| Court: | Richlands Magistrates Court |
| Charges: | 2 Charges of Common Assault 2 Charges of Assault Occasioning Bodily Harm |
| Trial/Plea: | Guilty |
| Maximum Penalty: | The maximum penalty for Common Assault is 7 years imprisonment. The maximum penalty for Assault Occasioning Bodily Harm is 7 years imprisonment. |
| Summary: | Client, a year 12 student, assaulted a fellow pupil after the complainant made offensive comments on facebook and verbally. |
| Result: | Client was placed on a good behavior bond for 12 months with recognisance of $200 |
| Category: | Criminal (Sexual Offences) |
| Court: | District Court Brisbane |
| Charges: | Indecent dealing with a child under 16 years and indecent dealing with a child under 12 years. |
| Trial/Plea: | Not Guilty- Jury Trial |
| Maximum Penalty: | The maximum penalty for Indecent dealing with a child under 16 years is 14 years imprisonment and for indecent dealing with a child under 12 years 20 years. |
| Summary: | Client was accused of inappropriately touching 2 girls. Client maintained that he did not. Charges bought in the context of a difficult family dynamic. |
| Result: | Jury found the client Not Guilty |
| Category: | Criminal |
| Court: | Southport Magistrates Court |
| Charges: | Unlawful Possession of a Weapon (.22 calibre rifle) Unlawful Possession of a Weapon (silencer) |
| Trial/Plea: | Guilty Plea |
| Maximum Penalty: | $10,000 fine or 2 years imprionment |
| Summary: | Potts Lawyers made submissions on behalf of the client including client’s early plea and lack of prior offences. |
| Result: | Client was sentenced to 9 months imprisonment to be wholly suspended (operational period of 2 years). |
| Category: | Criminal (Murder Manslaughter Offences) |
| Court: | Supreme Court Qld |
| Charges: | Murder |
| Trial/Plea: | Not Guilty- Jury Trial |
| Maximum Penalty: | Life Imprisonment |
| Summary: | Client was one of three co-accused who broke into deceased house. Deceased was gagged and bound and later discovered dead. Client maintained that he did not touch the victim, but admitted to being involved in the break and enter. |
| Result: | Client found Not Guilty |
| Category: | Criminal Law |
| Court: | Supreme Court Qld |
| Charges: | 1. Possession of a dangerous drug in excess of 500g 2. Production of a dangerous drug 3. Possession of things used in connection with the production of a dangerous drug 4. Stealing electricity |
| Trial/Plea: | Guilty Plea |
| Maximum Penalty: | The maximum penalty for possession in this case is 20 years imprisonment. The maximum penalty for production in this case is 20 years. The maximum penalty for possession of things is 15 years. |
| Summary: | Client’s house was raided. Police found 17 young plants, 14 small plants and 1kg of dried cannabis. A quantity of methylamphetamine was also recovered, however following negotiations charges relating to this did not proceed against client. The prosecution argued that an inference could be drawn from quantity that the operation was commercial. However the judge accepted Potts Lawyers’ submission that the production was for personal use. Potts Lawyers also made submissions on behalf of the client as to his attempts at rehabilitation, attendance at counseling and genuine remorse. |
| Result: | In relation to the possession charge the client was sentenced to imprisonment for 6 months, which was wholly suspended for an operational period of 2 years. In relation to the production charge, the client was sentenced to imprisonment for 12 months, which was wholly suspended for an operational period of 2 years. In relation to the possession of items charge the client was sentenced to 3 months imprisonment, which was wholly suspended for a period of 2 years. In relation to the stealing charge the client was convicted but not further punished. All terms were to be served concurrently |
| Category: | Criminal Law (Sexual Offences) |
| Court: | Southport District Court |
| Charges: | Possessing Child Exploitation Material |
| Trial/Plea: | Guilty |
| Maximum Penalty: | 5 years imprisonment |
| Summary: | Disabled client downloaded images and videos, which were immediately deleted. Psychological reports obtained by Potts Lawyers indicated that the client had no understanding of the fact that real children had been exploited. |
| Result: | No conviction was recorded. Client was placed on a good behaviour bond for a period of 18 months with a $500 recognisance. |
| Category: | Criminal Law (Assaults/Violence Offences) |
| Court: | Southport Magistrates Court |
| Charges: | Assault Occasioning bodily harm |
| Trial/Plea: | No Plea Entered |
| Maximum Penalty: | The maximum penalty for assault occasioning bodily harm is 7 years imprisonment. |
| Summary: | Client punched a female in the face knocking her out in a tavern. Potts Lawyers had the matter referred to the Dispute Resolution Centre for Justice Mediation and the process completed. |
| Result: | No evidence was offered in relation to the charge. The charge was dismissed. |
| Category: | Criminal Law (Fraud/Dishonesty/Theft Offences) |
| Court: | Proserpine Magistrates Court |
| Charges: | 3 charges of Fraud. |
| Trial/Plea: | n/a |
| Maximum Penalty: | 5-10 years imprisonment |
| Summary: | Client was accused of dishonestly gaining a benefit, namely a quantity of meat and two quantities of alcohol for himself. The alleged offences involved the passing a valueless cheques. |
| Result: | All three charges were withdrawn by Police Prosecutions. |
| Category: | Criminal Law (Public Order Offences/Assaults Violent Offences) |
| Court: | Southport Magistrates Court |
| Charges: | Public Nuisance Assault of a Police Officer in the Execution of his duty s.340(1) |
| Trial/Plea: | n/a |
| Maximum Penalty: | Public Nuisance- 10 penalty units or 6 months imprisonment Assault of Police Officer- 7 years imprisonment |
| Summary: | The client was accused of becoming aggressive outside a nightclub and of assaulting a police officer. Potts Lawyers reviewed the CCTV footage and negotiated with the Police as to the facts. |
| Result: | The charges were struck out. |
| Category: | Criminal Law (Drug Charges) |
| Court: | Southport Magistrates Court |
| Charges: | Trafficking Failing to dispose of a needle/syringe |
| Trial/Plea: | Not required to plead to trafficking. Guilty plea to failing to dispose of a needle. |
| Summary: | Client was followed by Federal police who observed him allegedly purchasing drugs on behalf of another person at a number of premises. Police also recorded conversations with a listening device. |
| Result: | After liaison between Potts Lawyers in behalf of the client and Police Prosecutions the Charge of trafficking was withdrawn. In relation to the failing to dispose of a needle client was convicted and fined $450. No conviction was recorded. |
| Category: | Criminal Law (Assaults/ Violent Offences) |
| Court: | Southport District Court |
| Charges: | Common Assault Stealing |
| Trial/Plea: | Not Guilty |
| Maximum Penalty: | 7 years imprisonment |
| Summary: | The client was accused of involvement in an incident where a man was assaulted and his wallet, cash and bankcard stolen. |
| Result: | After submissions made by Potts Lawyers on behalf of the client regarding lack of evidence as to his involvement the Department of Public Prosecutions decided to withdraw the charges. |
| Category: | Criminal Law (Sexual Offences) |
| Court: | Brisbane District Court |
| Charges: | 2 counts of indecent treatment of a child |
| Trial/Plea: | Guilty |
| Maximum Penalty: | 20 years imprisonment |
| Summary: | A father was accused on inappropriately dealing with his teenaged daughter. Potts Lawyers on behalf of the client made submissions that the client was suffering from a major depressive episode at the time of the offences, displayed remorse, had sought counselling and moved out of the family home. |
| Result: | Client was sentenced to 18 months in jail, which was wholly suspended (operational period 2 years) |
| Category: | Criminal Law (Drug Offences) |
| Court: | Supreme Court Brisbane |
| Charges: | 1x Trafficking a dangerous drug (heroin) 3x Possessing a dangerous drug (heroin) 2x Suppling a dangerous drug 4x Possessing anything used 1x Possessing proceeds 1x Failure to take reasonable case needle/syringe |
| Trial/Plea: | Guilty to lesser charges (see below) |
| Maximum Penalty: | For the more serious charges, the maximum penalty for trafficking heroin is 25 years imprisonment, supply is 25 years, possessing is 20years. |
| Summary: | Client was charged conjointly with serious drugs charges. Client had prior criminal history. Potts Lawyers succeeded in getting client bail in the Supreme Court, after he was refused bail by the Magistrate. The client was charged with further offences while on bail and bail was voluntarily revoked. After negotiation with the prosecution and lawyers for the conjointly accused, Potts lawyers succeeded in having some of the charges, including the most serious charge of trafficking withdrawn. Client pleaded guilty to the remainder of the charges. |
| Result: | In relation to the charges of possession of drug and suspect property the client was sentenced to 2.5 years jail and was immediately paroled. In relation to charges of supply, possession of things used and possession of dangerous drugs he was sentenced to 12 months imprisonment and also paroled immediately. |
| Category: | Criminal (Sexual Offences) |
| Court: | Southport District Court |
| Charges: | 4x indecent treatment of a child under 18 1x rape |
| Trial/Plea: | Guilty (to some charges only) |
| Maximum Penalty: | The maximum penalty for indecent treatment of a child under 18 is 20 years imprisonment. The maximum penalty for rape is life imprisonment. |
| Summary: | The client was a young man was charged with offences against his biological sister. Potts Lawyers was able to negotiate the withdrawal of the charge of rape and 2 counts of indecent treatment. The client pleaded guilty to two counts of indecent treatment. |
| Result: | The client was sentenced to probation of 2 years and 120 hours of unpaid community service with reporting conditions. No conviction was recorded. |
Criminal Law – Categories of Offences
Select from one of the offences below to find out more information including penalties and your rights.
- Sentencing – QLD
- Practice and Procedure – QLD
- Bail in QLD
- Workplace Offences
- Tax Offences – QLD
- OH&S Offences – QLD
- Evidence – QLD Law
- Your Rights – QLD
- Other Criminal Offences