NR Barber Legal – Perth Criminal Law & Traffic Lawyers
24 yr old female with history of offending. Previously placed on a suspended imprisonment order which was breached by reoffending. Charged with 19 new offences. Convicted on all charges, received fines for the majority of the offending. RESULT: DUE TO OUR SUBMISSIONS – NO FURTHER ORDER FOR THE BREACH OF SUSPENDED IMPRISONMENT. FOR THE NEW OFFENCES WHICH ATTRACTED IMPRISONMENT THE CLIENT AVOIDED IMPRISONMENT WITH A SUSPENDED ORDER.
Application to set aside conviction and resentence. Man charged with minor drug offences. The Court dealt with them in client’s absence, imposing a modest fine and no spent conviction. Some months later, the man instructed us. Application to set aside made and served. RESULT: APPLICATION GRANTED. MATTER REHEARD. A LESSER FINE IMPOSED, TOGETHER WITH A SPENT CONVICTION. Client’s response: thank you so much really appreciated.
FVRO: highly contentious FVROs (family violence restraining order) where there were cross-applications – both parties had been granted interim FVROs against each other. RESULT: MATTER RESOLVED BY WAY OF RECIPROCAL AND MUTUAL CONDUCT AGREEMENTS.
21 yr old male – a plea of guilty to assault causing bodily harm was entered at the first reasonable opportunity. Historical offence committed when he was 18 years old. RESULT: RECEIVED A FINE OF $2000.
30 year old male – No prior convictions. A plea of guilty to disorderly behaviour in a public place and obstructing public officers, entered at the first Court appearance. RESULT: RECEIVED A GLOBAL FINE OF $2000 AND A SPENT CONVICTION.
Criminal matter. Client charged with possession of cannabis after then partner had established a grow house. Facts relied upon client’s admissions but covered the entire cannabis operation and 20+ kilograms of cannabis located. Negotiated with Police and agreed to amended facts. RESULT: SMALL FINE AND SPENT CONVICTION.
Client charged with aggravated assault occasioning bodily harm and received a term of 7 months imprisonment and breaches of protective bail ,each breach received a term of imprisonment for 5 months to be served concurrently. Total prison sentence of 12 months. RESULT: AFTER REPRESENTING THE CLIENT THE COURT MADE AN ORDER THAT THE TERM OF IMPRISONMENT BE SUSPENDED.
38 year female charged with aggravated robbery. Negotiated with Police and then the Department of Public Prosecution. RESULT: CLIENT PLEADED GUILTY TO A STEALING CHARGE IN THE MAGISTRATE’S COURT AND WAS JUST FINED.
Client charged with two charges of dangerous driving causing grievous bodily harm and a further charge of refusing a breath test. Client and two work colleagues had spent a day drinking. Client then drove back to mine site although it was not her vehicle. On way, car rolled, causing serious injury to the two colleagues. RESULT: DANGEROUS DRIVING CAUSING GBH: SUSPENDED IMPRISONMENT, REFUSING BREATH TEST: INTENSIVE SUPERVISION ORDER.
21 year old – breached conditional suspended term of imprisonment by reoffending (of a minor nature and disconnected to her original offending) RESULT: FINED $250 WITH NO FURTHER ORDER.
24 year old – unlicensed possession of firearm, failure to provide and use appropriate storage and possession of cannabis – global fine of $1 500.00. This case involved submissions made to the Police. RESULT: WHICH RESULTED IN THE DISCONTINUANCE OF AN INDICTABLE CHARGE RELATED TO POSSESSION OF A FIREARM CARRIED WITH DRUGS.
18 year old – reckless driving ensuing Police pursuit – minimum 6 month mandatory imprisonment and 2 month disqualification to run concurrently – driver failed to stop in circumstances of aggravation RESULT: MINIMUM MANDATORY FINE OF $5,000 AND MINIMUM MANDATORY DISQUALIFICATION PERIOD OF 2 YEARS – NO AUTHORITY TO DRIVE – FINE $200 – POSSESSION OF CANNABIS $100.
35 year old man charged with aggravated assault occasioning bodily harm during a domestic disturbance. With the client, considered possible defences. Client wished to proceed to early resolution and therefore pleaded guilty to the charge. Various details were obtained and presented as part of a thorough plea in mitigation. RESULT: SUSPENDED FINE AND SPENT CONVICTION.
23 year old man charged with failing to stop and reckless driving (and other charges). Incident included nearly 6 km of travel, with speeds of up to 120kmh in a 60 zone, two handbrake turns, being on the wrong side of the road narrowly missing oncoming traffic and so on. RESULT: NEGOTIATED STATUTORY MINIMUM IMPRISONMENT FOR THE OFFENCES; ALL OTHER OFFENCES CONCURRENT.
26 year old Woman charged with assault occasioning bodily harm (pub glassing). Client had been at a hotel some hours. A small dispute began but rapidly escalated with the woman picking up a glass of beer and throwing it at the victim, causing an injury to her face. Considered the situation carefully and woman took active steps including psychological counselling to address her issues. RESULT: ONLY A FINE.
45 year old woman charged with aggravated robbery at a shopping centre, as well as threats to harm and common assaults (woman in company with another tried to steal items from a store; when security attended, she threatened them with a large knife she had in her possession.) RESULT: NECESSARY TO IMPRISON THE WOMAN HOWEVER, HAVING REGARD TO HER PERSONAL CIRCUMSTANCES AND ISSUES, WE ACHIEVED OUTCOME OF IMPRISONMENT SIGNIFICANTLY REDUCED: ARMED ROBBERY: 2 YEARS AND 2 MONTHS, EVERYTHING ELSE: CONCURRENT.
Man charged with attempted possession of 14.57 grams of MDMA with intent to sell or supply, from package which he ordered on the dark web. Man suffers from anxiety and other mental health issues. Submission made to Police that in the unique circumstances of this matter, the Police could accept a plea to attempted personal possession. POLICE AGREED. RESULT: FINES.
Transgender Man charged with unlawful wounding (by stabbing the victim to the head with a large knife). Client has schizophrenia and hence application was made for admission into the START Court programme (mental health Court diversion and support programme). This was successful. RESULT: 12 MONTHS INTENSIVE SUPERVISION ORDER.
Man charged with possession of 15 grams methylamphetamines with intent to sell or supply. Due to breaches of bail, spent considerable amount of time in custody prior to being sentenced. RESULT: 12 MONTHS IMPRISONMENT SUSPENDED FOR 12 MONTHS.
22 year old woman charged with driving under suspension on four occasions. These were six earlier offences of the same nature. Also charged with two drug offences. RESULT: MINIMUM PERIOD OF IMPRISONMENT, BUT SUSPENDED FOR 9 MONTHS FOR ONE DRIVING UNDER SUSPENSION OFFENCE. FOR OTHER OFFENCES, 12 MONTHS COMMUNITY BASED ORDER WITH SUPERVISION AND PROGRAMME REQUIREMENTS, AND FINES FOR SOME.FOR DRUG OFFENCES: SPENT CONVICTIONS.
47 year old man charged with aggravated assault occasioning bodily harm. In argument with partner, he grabbed her finger, causing ligament damage. RESULT: FINE AND SPENT CONVICTION.
37 year old woman charged with burglary and commit offence (assault). In process of defending himself, young man at home was injured and client was severely injured. Client had a number of psychological issues. Placed on Pre-sentence Order by District Court. Order was extended. Just prior to sentencing, client committed an unrelated assault occasioning bodily harm, resulting in her being remanded in custody. RESULT: BY NARROW MARGIN, PERIOD OF IMPRISONMENT SUSPENDED FOR 12 MONTHS.
Young man almost 18 charged with lighting a bushfire with another. Discussed with Police, who agreed to a variation to facts consistent with client’s instructions. RESULT: YOUTH COMMUNITY BASED ORDER.
Young woman charged with assaulting public officer (Police officer) by kicking him and disorderly conduct. Reviewed CCTV, which confirmed alleged facts. Full plea presented. RESULT: FINES AND SUCCESSFUL APPLICATION FOR SPENT CONVICTION.
Family VRO matter: acting for Applicant wife and children. Husband acting erratically but insistent on not agreeing to Family Conduct Agreement Order. RESULT: HUSBAND AGREEING TO FAMILY CONDUCT AGREEMENT ORDER
60 year old woman charged with two breaches of VRO. Instructed Saturday evening, appeared for client on Sunday. LOW FINES AND SUCCESSFUL APPLICATION FOR SPENT CONVICTION
Stealing as a servant: 39 year old year woman charged with stealing over $1 million from her employer over seven years. Discussed and agreed amended facts with DPP. Prepared and presented comprehensive plea in mitigation. RESULT: IMPRISONMENT WAS INEVITABLE BUT NEGOTIATED TO LOW END OF RANGE.
Client charged with indecent dealing with children and doing an obscene act in public. Refused bail by Court and then instructions received. Arranged for bail application and home detention bail was granted. Arranged further application for bail and usual bail was granted. Client pleaded guilty and followed advice to see a private psychologist who later provided a most helpful report. RESULT: 12 MONTHS SUSPENDED IMPRISONMENT.
27 year old man charged with aggravated assault occasioning bodily harm (domestic relationship). Negotiated with Police to reduce the charge to aggravated common assault. RESULT: FINE.
42 year old woman charged with breach of Police order, in context of high-anxiety marriage break-up. Client had sent 18 SMSs to her husband during a Police Order. RESULT: FINE OF $1000 SUSPENDED FOR 9 MONTHS, WITH COSTS, AND A SPENT CONVICTION.
38 year old man & separately 47 year old man charged with stealing as a servant (taking items from a mine site.) RESULT: FINE AND SPENT CONVICTION.
36 year old man charged with disorderly conduct. RESULT: MODEST FINE AND SPENT CONVICTION.
38 year old man charged with aggravated stalking, criminal damage, and possessing an article with intent to cause fear, as well as numerous other charges. Negotiated with Police to have matters resolved by the man pleading guilty to the three charges. The man had a prior spent conviction. RESULT: 9 MONTHS COMMUNITY BASED ORDER AND FINES, AND SPENT CONVICTIONS FOR THE THREE OFFENCES.
22 year old charged with glassing in nightclub. Victim received serious lacerations to her face and required 11 stitches. RESULT: 8 MONTHS IMPRISONMENT, SUSPENDED FOR 12 MONTHS. A VERY GOOD OUTCOME IN THE CIRCUMSTANCES
21 year old charged with reckless driving and excess 0.08%, and stealing. Negotiated with Police. RESULT: EXCESS 0.08% CHARGE DISCONTINUED. FINE AND SPENT CONVICTION FOR THE STEALING.
Result: 46 year old man charged with stealing and fraud – taking bingo tickets from a club he frequented. Extenuating circumstances and gambling issues. RESULT: GLOBAL FINE AND SPENT CONVICTION.
Young man pleaded guilty to a brazen robbery (going up to someone in a park, punching them, demanding their keys and then driving off in their car) and steal motor vehicle. RESULT- RELEASED UNDER A CONDITIONAL SUSPENDED IMPRISONMENT ORDER.
33 year old man who in October 2016 was placed on a Suspended Imprisonment Order for 2 offences (SIO) and an Intensive Imprisonment Order (ISO) for 27 other offences. In November 2016, the man drove his vehicle under suspension. RESULT: NEGOTIATED INTENSIVELY ON HIS BEHALF AND CONVINCED COURT IT WOULD BE UNJUST TO IMPRISON HIM. THEREFORE JUST FINED FOR DRIVING OFFENCE. CSI & ISO PERMITTED TO CONTINUE.
35 year old man jointly charged with aggravated burglary of a dwelling; assault occasioning bodily harm; and threat to kill. After extensive negotiations with the Police and the DPP, charges reduced to trespass, assault occasioning bodily harm and threat to harm. RESULT: FINES
42 year old man charged with assault occasioning bodily harm (his step-son). At Court, Police urged imprisonment. RESULT: MAGISTRATE AGREED WITH DEFENCE SUBMISSION. FINED.
30 year old client with her partner committed two armed robberies on one day. RESULT: in light of prior good record, subsequent abstinence from drugs, support from friends and other factors, the Supreme Court was prepared on this occasion to order a Conditional Suspended Imprisonment Order for both offences. 3 years imprisonment, suspended for 18 months.
33 year old man charged with Assault occasioning bodily harm (broke complainant’s nose by punching him). Result: FINE AND SPENT CONVICTION.
19 year old woman charged with assault occasioning bodily harm (scratch to complainant’s face with spanner). RESULT: FINE AND SPENT CONVICTION.
37 year old man faced his 14th Driving under suspension charge. Comprehensive plea present. RESULT: FINES AND MINIMUM ADDITIONAL DISQUALIFICATION.
Young man charged with possession of MDMA (Ecstasy). RESULT: MODEST FINE AND SPENT CONVICTION.
Elderly man charged with indecent recording of 15 year old boy. Previously convicted and imprisoned for similar offences and sexual penetration. RESULT: 6 MONTHS IMPRISONMENT SUSPENDED FOR 18 MONTHS.
20 year old man charged with possession of one ounce of cannabis and smoking implements. RESULT: MODERATE FINE AND SPENT CONVICTION.
60+ year old man charged with third offence of indecent exposure. Took instructions on Thursday. Man pleaded guilty on Friday. RESULT: SUBMISSION FOR COMMUNITY BASED ORDER ACCEPTED.
Young man charged with two charges of indecent dealings with a minor (touchings of a young girl on a public bus). Presented submission to the Police and Police Legal Services to downgrade the charges. RESULT: CHARGES DOWNGRADED AND THEN FINED. WILL NOT BE PLACED ON SEX OFFENDER’S REGISTER.
Application for extraordinary driver’s licence for a Perth man who lost his licence for driving under disqualification. Working two jobs. RESULT: APPLICATION GRANTED
Loss of drivers licence for Perth man due to multiple speeding offences. RESULT: EXTRAORDINARY DRIVERS LICENCE APPLIED FOR AND GRANTED
Woman charged with 2 x stealing. Application for spent conviction opposed by prosecution. RESULT: MODEST FINE AND SPENT CONVICTION ORDERS GRANTED.
38 year old man, charged with four charges of fraud (use of fuel card of former employer). Extenuating circumstances. RESULT: MODEST FINE AND SPENT CONVICTION.
41 year old man applied in the Perth District Court for the removal of the permanent disqualification of his driver’s licence. RESULT: ORDER GRANTED FOR THE REMOVAL OF THE PERMANENT DISQUALIFICATION.
30 year old charged with assault and breach of VRO (in context of domestic relationship). RESULT: 12 MONTHS COMMUNITY BASED ORDER AND SPENT CONVICTIONS.
Young man charged with possession of 18 Ecstasy pills. No prior record. RESULT: AVOIDED A CHARGE TO SUPPLY. FINE AND SPENT CONVICTION.
38 year old man applied for an extraordinary driver’s licence. RESULT: APPLICATION GRANTED.
29 year old student, charged with 4 x criminal damage (considerable damage caused to vehicles when client was seeking to escape premises and her brother-in-law). RESULT: COMMUNITY BASED ORDER AND SPENT CONVICTIONS.
45 year old man charged with: assault Public Officer (Police), disorderly conduct (x2), obstruct Police. Plea in mitigation presented. RESULT: MODERATE FINES AND SPENT CONVICTIONS.
31 year old chef charged with stealing a mobile phone (found on bus). RESULT: MODEST FINE AND SPENT CONVICTION.
24 year old woman charged with 2 counts of stealing as a servant. Negotiated with Police to have 226 charges substituted for the two charges, hence enabling the matter to be dealt with in the Magistrate’s Court. RESULT: 12 MONTHS SUSPENDED IMPRISONMENT ORDER AND 12 MONTH INTENSIVE SUPERVISION ORDER. RESTITUTION ORDERED.
47 year old man with conviction for driving with excess 0.08% alcohol. Application for extraordinary driver’s licence. RESULT: APPLICATION GRANTED.
31 year old woman charged with assault Public Officer (Police) and disorderly conduct. RESULT: ASSAULT PUBLIC OFFICER: 10 MONTH COMMUNITY BASED ORDER. DISORDERLY CONDUCT: FINE. SPENT CONVICTIONS FOR BOTH OFFENCES ORDERED.
37 year old man charged with assault occasioning bodily harm (against wife). Man completed programmes. RESULT: FINE AND SPENT CONVICTION.
21 year old man charged with disorderly behaviour in public, refuse to provide name, and disorderly behaviour in a Police station. Pleas presented. RESULT: FINES AND SECOND SPENT CONVICTION.
In full day hearing, a VRO application was brought by ex-wife against ex-husband, who had earlier pleaded guilty to assault occasioning bodily harm on his wife. RESULT: SUCCESSFULLY DEFENDED.
27 year old man charged with unlawful wounding (knife blow to forehead). Unusual circumstances. Presented plea in mitigation detailing all relevant circumstances. RESULT: 12 MONTH INTENSIVE SUPERVISION ORDER AND 40 HOURS COMMUNITY SERVICE.
42 year old man charged with reckless driving of a Harley-Davidson motor cycle (by speed). Successfully negotiated with Police. Charge reduced to dangerous driving. RESULT: $400 FINE & NO LOSS OF LICENCE.Man charged with breaching sex offender’s reporting requirements. Second similar offence. RESULT: FINES AND ANOTHER SPENT CONVICTION.
30 year old client pleaded guilty on the papers to an offence and received a fine. Client then sought advice about obtaining a spent conviction. Application to set aside decision made in client’s absence filed and granted. RESULT: CLIENT OBTAINED SPENT CONVICTION.
27 year old man charged with indecent assault. Negotiated facts with Police. RESULT: FINE AND SPENT CONVICTION.
27 year old man charged with four others with possession of MDMA with intent to sell or supply (197 grams), and possession of Alpha-PVP with intent to sell or supply (997 grams). Successfully negotiated with DPP: On 3 December 2014, RESULT: ALL CHARGES FACED BY MY CLIENT DISCONTINUED.
21 year old man charged with deprivation of liberty, attempted armed robbery, burglary and stealing, steal motor car and an assault. RESULT: 2 YEARS IMPRISONMENT, BUT CONDITIONALLY SUSPENDED FOR TWO YEARS.
46 year old business man charged with aggravated assault.Client participated in family violence and alcohol programmes. RESULT: COMMUNITY BASED ORDER & SPENT CONVICTION.
20 year old apprentice charged with disorderly conduct and breach of move on notice.Client participated in pre-sentence opportunity programme. RESULT: SMALL FINE & SPENT CONVICTION.
26 year old man, charged with indecent act in public and assault public officer (security guard at Casino).RESULT: FINES & SPENT CONVICTION.
Man charged with assault occasioning bodily harm.Record included 9 prior assaults, 1 prior assault occasioning bodily harm,several prior suspended imprisonment terms. RESULT: $750 FINE.
Man charged with 5 Council offences. Successfully negotiated with Council lawyers for reduction to 3 charges. RESULT: FINES & SPENT CONVICTION (co-offender’s fines were $60,000 higher, with no spent conviction).
35 year old man. Previously been convicted of driving under suspension 8 times and most recently imprisoned. Pleaded guilty to a further driving under suspension charge. RESULT: IMMEDIATE IMPRISONMENT AVOIDED.
46 year old man charged with assault in circumstances of aggravation (domestic violence), breach of Police order, breach of protective bail. RESULT: FINES & SPENT CONVICTION.
19 year old man charged with (1) assault, (2) assault occasioning bodily harm. Serious injuries to complainant, including fractured eye socket. RESULT: IMMEDIATE IMPRISONMENT AVOIDED.
39 year old woman pleaded guilty to aggravated armed robbery (Supreme Court). RESULT: IMMEDIATE IMPRISONMENT AVOIDED.
35 year old man. Previously been convicted of driving under suspension 8 times and most recently imprisoned. Pleaded guilty to a further driving under suspension charge. RESULT: IMMEDIATE IMPRISONMENT AVOIDED.
3 x clients charged with reckless driving (racing). Negotiated a downgrade of charges. RESULT: MODEST FINES AND NO DISQUALIFICATION OF LICENCES.
24 year old Central Institute graduate charged with disorderly conduct and assault Public Officer – RESULT: FINES AND SPENT CONVICTIONS.
24 year old university graduate and student charged with failure to obey Police order, disorderly conduct, and obstruct Police – RESULT: FINES AND SPENT CONVICTIONS.
27 year old Government employee, charged with three illicit substance-related charges – MODEST FINES AND APPLICATION FOR SPENT CONVICTION ORDERS GRANTED.
29 year old Watermans Bay man charged with possession of cannabis and ‘magic mushrooms’ – FINES AND SPENT CONVICTION GRANTED.
45 year old man charged with having illicit substances in bloodstream. Fined. Spent conviction order not granted. Appeal to Court of Appeal: appeal allowed – SPENT CONVICTION ORDER MADE AND MAN’S IDENTITY NOT PUBLISHED BY COURT OF APPEAL ORDER.
37 year old Ocean Reef man charged with aggravated assault, criminal damage and breach of protective bail conditions – RESULT: 12 MONTHS COMMUNITY BASED ORDER. APPLICATION FOR SPENT CONVICTIONS GRANTED.
24 year old man pleaded guilty to 4 x frauds – FINED AND SPENT CONVICTION.
Man charged with breach of extraordinary licence conditions. Negotiated with Police. Result – FINE ONLY; E LICENCE CONTINUES.
28 year old Thornlie woman charged with possession of methylamphetamines with intent to sell or supply – SUCCESSFUL SUBMISSION TO THE POLICE TO REDUCE CHARGE TO SIMPLE POSSESSION. CLIENT FINED $75.
32 year old Westminster man charged with possession of a prohibited weapon (stun gun) – FINED $250 AND SPENT CONVICTION GRANTED.
Police retained funds of client – FULL REFUND FROM POLICE GRANTED.
Man charged with disorderly conduct (serious assault) – APPLICATION FOR SPENT CONVICTION GRANTED.
Man seeking variation of extraordinary licence. Previously refused when unrepresented – THIS TIME, APPLICATION FOR VARIATION GRANTED.
Huntingdale man charged with reckless driving (4th time) – 12 MONTH INTENSIVE SUPERVISION ORDER (great outcome given circumstances).
Man charged with aggravated assault, criminal damage (domestic) – 9 MONTHS COMMUNITY BASED ORDER, SPENT CONVICTION.
Man charged with failure to lodge tax returns – MINIMUM APPLICABLE FINES ORDERED, 4 MONTHS GIVEN TO LODGE ALL RETURNS.
Man charged with failing to stop after accident where property damage caused – $300 FINE, NO LOSS OF LICENCE.
Young woman charged with stealing as a servant – $1000 FINE AND A SPENT CONVICTION.
38 year old woman charged with 58 charges of stealing as a servant, involving over $17000 – 18 MONTHS INTENSIVE SUPERVISION ORDER.
Driver charged with failing to render assistance and failing to report – SENTENCED TO SUSPENDED IMPRISONMENT (major result given circumstances).
40 yo North Perth man, reckless driving (by speeding), fine and disqualification – SPENT CONVICTION GRANTED
26 year old male; charged with assault public officer. CBO FOR 50 HOURS COMMUNITY WORK AND A SPENT CONVICTION.
19 year old female; charged with unlawful wounding. RESULT: FINE AND A SPENT CONVICTION.
43 year old female; charged with 34 counts of criminal damage, possessing a weapon, carrying an article with intent and disorderly behaviour in public. RESULT: CONDITIONALLY SUSPENDED IMPRISONMENT ORDER AND FINES.
55 year old woman charged with careless driving causing grievous bodily harm. RESULT: FINED
Application for VRO (Violence Restraining Order). Continued over 18 months, with my assistance over 12 months. RESULT: RESOLVED BY WAY OF INDEFINITE MUTUAL UNDERTAKING ON MORNING OF FINAL ORDER HEARING.
Client charged with 9th and 10th driving under suspension offences and dangerous driving offence with one of those being where he was aggressive and threatening with the driver of the other vehicle. Previously been given suspended imprisonment twice. RESULT: DUE TO CLIENT’S SEVERELY DISADVANTAGED BACKGROUND, SENTENCED TO 10 MONTHS IMPRISONMENT, SUSPENDED FOR 18 MONTHS + FINES.
44 yr old woman with breaches of suspended imprisonment orders by reoffending.
Breach charges 2 x trespass; 2 x stealing; and 1 possession of stolen or unlawfully obtained property.
RESULT: FOR THE BREACHES OF SUSPENDED IMPRISONMENT A SMALL FINE; AND THE ORDER WAS ALLOWED TO CONTINUE. FOR ALL OTHER CHARGES PLACED ON A CBO FOR 9 MONTHS.
35 year old man – charged with Aggravated Assault Causing Bodily Harm – RESULT: ACQUITTED AFTER TRIAL.
37 year old woman with long-standing drug issues participated in 5 aggravated burglaries and 1 aggravated burglary with intent. Since the offences, the client fully participated in drug rehabilitation and did really well. RESULT: DISTRICT COURT SENTENCE: STATUTORY MINIMUM PENALTY FOR 3 OR MORE BURGLARIES (2 YEARS IMPRISONMENT).
38 yr old male. Lengthy criminal history dating back to the late 90’s. Drug related offending. One of the charges was originally an attempted burglary of a home, RESULT: AFTER NEGOTIATIONS WITH THE POLICE THIS WAS AMENDED TO A TRESPASS DUE TO THE CIRCUMSTANCES THAT PRESENTED THEMSELVES. CONVICTED OF TRESPASS X 2, STEALING X 3 (ESTIMATED PROPERTY VALUE IN EXCESS OF $5,000). AVOIDED JAIL WITH CONDITIONALLY SUSPENDED SENTENCE; AND FINES.
28 yr old male. Poor criminal history which involved drugs, driving and other offences. Charged with possession of unlawfully obtained or stolen property (namely cash), possession of methamphetamine with intent to sell or supply, fail to stop x2 and driving without authority. RESULT: RECEIVED A TOTAL OF 14 MONTHS IMPRISONMENT WITH PAROLE ELIGIBILITY FOR DRIVING WITHOUT AUTHORITY (AS WELL AS DISQUALIFICATION FOR 1 YEAR); THE POSSESSION OF METHAMPHETAMINE WITH INTENT AND THE POSSESSION OF STOLEN OR UNLAWFULLY OBTAINED PROPERTY. FOR THE FAILING TO STOP OFFENCES THERE WAS A FINE OF $800.
Client applied for criminal injuries compensation in circumstances where there was no charge preferred and limited witness availability. RESULT: APPLICATION FOR COMPENSATION GRANTED AND SUBSTANTIAL AWARD MADE.
Mid 30s woman stole in excess of $100,000 from her employer due to her underlying issues. Recommended appropriate counselling and repayment. RESULT: : 13 MONTHS IMPRISONMENT, BUT NEGOTIATED IT BEING SUSPENDED FOR 18 MONTHS.
18 year old man charged with possession of drugs (7+ grams of ecstasy) with intent to sell or supply it. District Court matter so a serious charge. Traumatic background. RESULT: 16 MONTHS IMPRISONMENT, SUSPENDED FOR 18 MONTHS, AS A MERCIFUL DISPOSITION.
35 year old Perth man charged with more than 50 charges of stealing a total of more than $40,000 from his employer over a period of 3 ½ months. Negotiated the withdrawal of 5 charges and some reduction in moneys stolen and assisted client arrange for the repayment of that money. RESULT: SUSPENDED IMPRISONMENT AND FINE.
Client with a mental illness charged with being in public with a weapon. Previously lawyers obtained bail for client to reside in hospital. Previous lawyers refused to make submission that charge be discontinued. Following instructions, submission relating to charge being withdrawn made and agreed. RESULT: CHARGE DISCONTINUED.
21 year old man charged with GBH (strike to victim’s head causing him to fall to ground and receive injury to his head: pressure on head and skull and emergency operation required) following a dispute as to which people had booked a taxi. Victim’s girlfriend played a small part in what followed. Client followed advice regarding psychological counselling and other matters. RESULT: PERIOD OF IMPRISONMENT AVOIDED & SUSPENDED FOR 18 MONTHS.
26 year old man charged with stealing sunglasses from the airport (where there were numerous CCTV cameras in operation). RESULT: ONLY A FINE AND SPENT CONVICTION ORDER (THEREFORE NO CRIMINAL RECORD).
40 year old woman charged with two driving under suspension matters and some minor offences. Client’s record included 7 prior driving under disqualification offences in just over two years. RESULT: ALTHOUGH CLIENT COULD BE IMPRISONED IMMEDIATELY, IN LIGHT OF SOME EXTENUATING CIRCUMSTANCES AND HER DESIRE TO REFORM, SENTENCED TO FOUR MONTHS’ IMPRISONMENT ON EACH OFFENCE (CUMULATIVE) BUT SUSPENDED FOR 12 MONTHS, WITH ADDITIONAL DISQUALIFICATIONS. FINES FOR OTHER MATTERS.
31 year old man charged with two burglaries and steal offences (the same bottle shop on two occasions), one attempted burglary, criminal damage, driving under the influence (reading 0.234), common assault, disorderly conduct, causing criminal damage. Presented full plea in mitigation. RESULT: INTENSIVE SUPERVISION ORDER, INCLUDING 40 HOURS COMMUNITY SERVICE, AND SUPERVISION AND PROGRAMME REQUIREMENTS, AND MODEST FINES (STATUTORY MINIMUM FOR DUI OFFENCE).
Family VRO matter: acting for Respondent husband. Wife’s application included four children of marriage. RESULT: NEGOTIATED SETTLEMENT: FAMILY CONDUCT AGREEMENT ORDER WITH HUSBAND HAVING IMMEDIATE ACCESS TO CHILDREN.
DUI: 61 year old man charged with second DUI offence ,with high reading, following him driving into neighbour’s fence. RESULT: MINIMUM PENALTY AND DISQUALIFICATION FOR SECOND OFFENCE.
48 year old man charged with threat to kill and being armed in a manner likely to cause fear (namely, being armed with an axe), following incident in the matrimonial home.
Negotiated with Police to reduce the principal charge to threat to harm, permitting the matters to be resolved in the Magistrate’s Court. Client then pleaded guilty. RESULT: FINE AND SPENT CONVICTION.
28 year old man charged with third DUI and also driving under disqualification, just months after his second DUI offence. Extenuating circumstances clearly explained to the Court. RESULT: COMMUNITY BASED ORDER AND DISQUALIFICATION.
47 year old man, had a fight with a pizza delivery man. (assaulted him several times, and stepped on his glasses and broke them). RESULT: FINES AND SUCCESSFUL APPLICATION FOR SPENT CONVICTION
Man’s dog did serious damage to an old lady, the dog was ordered for destruction. RESULT: AFTER NEGOTIATION IT WAS AGREED THAT THE DOG COULD BE KEPT, UNDER STRICT CONDITIONS.
Man charged with two offences – procuring and enticing persons of age 13 to participate in sexual activity. Following being charged, the man moved to Perth and began counselling, as recommended. Pleaded guilty at early opportunity. RESULT: IMPRISONMENT FOR A TOTAL OF 18 MONTHS, SUSPENDED FOR 24 MONTHS (outstanding outcome given the circumstances).
Following a plea of guilty to an assault occasioning bodily harm in 2016 (resulting in a modest fine and a spent conviction), a nurse was taken by the professional body (AHPRA) to a professional standards committee. Submissions were prepared for the hearing, to address raised issues. The hearing then occurred. RESULT: ONLY A CAUTION WAS ISSUED.
39 year old man charged with possession of 14 grams methylamphetamines with intent to sell or supply. After extensive negotiation facts amended to attempting to receive 2 grams. Pleaded guilty. RESULT: MODERATE FINE
26 year old man, charged with aggravated assault. RESULT: FINE & SPENT CONVICTION.
23 year old man charged with burglary and commit of a dwelling offence (steal motorcycle). Negotiated with Police to reduce value and enable the matter to be dealt with in Magistrate’s Court. Pleaded guilty. RESULT: DESPITE THE FACT THIS WAS 2ND BURGLARY OF DWELLING, IN CIRCUMSTANCES OF MATTER, BUT FINE ONLY ORDERED.
44 year old mother charged with 56 counts of stealing as a servant. Negotiated with Police, resulting in a single charge. RESULT: FINE SPENT CONVICTION.
24 year old man charged with driving with excess 0.08% alcohol. RESULT: MANDATORY MINIMUM SENTENCES IMPOSED – AND SPENT CONVICTION.
24 year old man charged with assault occasioning bodily harm. Punched the man at a hotel and then kicked him in the head when the man fell unconscious to the ground, breaking the man’s nose. Held: very serious assault but immediate imprisonment not the only disposition due to efforts made by man towards rehabilitation. SENTENCED TO SUSPENDED IMPRISONMENT FOR 15 MONTHS.
Man charged with aggravated assault occasioning bodily harm. Listed for trial. Changed lawyers to me. Negotiated the facts with Police; client pleaded guilty on revised facts. RESULT: FINES
39 year old woman charged with possession of methylamphetamines with intent to sell or supply. RESULT: CONDITIONAL SUSPENDED IMPRISONMENT ORDER.
27 year old man charged with driving under suspension. Fourth offence, this one three weeks after earlier offence. Result: FINE AND MANDATORY DISQUALIFICATION.
34 year old man charged with aggravated stalking and breaches of VRO (525 contacts over an 8 day period). Previously been convicted of similar offences involving same complainant. RESULT: SUSPENDED IMPRISONMENT ORDER AND INTENSIVE SUPERVISION ORDER.
Two men, 28 and 27 years old, jointly charged with possession of 22 grams of ethylone (similar to MDMA or ecstasy) with intent to sell or supply. State accepted that there was no element of commerciality. DISTRICT COURT RESULT: 8 MONTHS IMPRISONMENT, SUSPENDED FOR 16 MONTHS.
25 year old man charged with unlawful and indecent assault. RESULT: FINE AND SPENT CONVICTION.
Application for VRO: acted for Applicant. RESULT: APPLICATION GRANTED.
Application for cancellation of VRO: acted for Respondent (person who obtained VRO). RESULT: APPLICATION FOR CANCELLATION DISMISSED.
Result: man charged with street drinking, false name, obstruct Police, and assault Police (bruises to Officer’s chest, rib and wrist). RESULT: FINES
Client charged with a “glassing” – hit security officer with a plastic cup, causing bodily harm. RESULT: FINE AND SPENT CONVICTION
28 year old man charged with cultivating cannabis. 23 mature plants in special hydroponic set-up, with another 9 seedlings nearby. Declared drug trafficker so a serious charge. RESULT: CONDITIONAL SUSPENDED IMPRISONMENT OF 15 MONTHS, SUSPENDED FOR 18 MONTHS.
City of Perth laid 5 charges against the client, a shop-owner. Charges were alleged breaches of Food Act, Planning and Development Act 2005 and Building Act 2011, all of which are serious charges with very high penalties. Negotiated extensively with City’s lawyers. RESULT: ALL CHARGES WITHDRAWN.
33 year old man charged with refusing to obey a move on notice and disorderly conduct. Prior minor record. RESULT: FINES AND SECOND SPENT CONVICTION.
30 year old man charge with breach of VRO and common assault in circumstances of aggravation. No prior record. RESULT: 12 MONTHS COMMUNITY BASED ORDER AND SPENT CONVICTION.
56 year old Perth man had permanent driver’s licence disqualification. Made application to District Court for disqualification to be removed. RESULT: APPLICATION SUCCESSFUL.
25 year old public sector employee charged with jointly stealing clothes to the value of more than $10,000. Significant mitigating factors and complex background. RESULT: 12 MONTH COMMUNITY BASED ORDER AND SPENT CONVICTION.
24 year old chef charged with assault in circumstances of aggravation (family). RESULT: FINE AND SPENT CONVICTION.
32 year old man charged with damage by fire (arson). Supreme Court offence but successfully negotiated with Police to have charge proceed summarily. RESULT: MODEST FINE AND SPENT CONVICTION.
43 year old man charged with assault occasioning bodily harm, where he had punched a man at a hotel, knocking the other man unconscious. RESULT: AVOIDED IMPRISONMENT & ONLY GIVEN A FINE.
47 year old man with conviction for reckless driving by speeding. Application for extraordinary driver’s licence. RESULT: APPLICATION GRANTED.
Perth man charged with dangerous driving causing bodily harm (a serious charge so a very positive outcome). RESULT: FINE AND DISQUALIFICATION.
27 year old woman charged with stealing as a servant (x 6). Plea of guilty. Submissions made. RESULT: COMMUNITY BASED ORDER AND SPENT CONVICTION.
27 year old man, working as security officer. Charged with assault occasioning bodily harm following incident outside of a nightclub. Submissions presented. RESULT: 12 MONTH INTENSIVE SUPERVISION ORDER.
43 year old charged with assault occasioning bodily harm of 15 year old boy. RESULT: FINE & SPENT CONVICTION
40 year old woman charged with driving under suspension. Fifth similar offence. Most recently sentenced to suspended imprisonment for the same offence in 2011. RESULT: IMMEDIATE PRISON TERM AVOIDED, NEGOTIATED FINE AND DISQUALIFICATION.
45 year old man charged with serious assault occasioning bodily harm (with use of axe handle),criminal damage and threat to kill (District Court matter).Some medical issues. Negotiated with Police.Result:threat to kill charge discontinued.Therefore, matter finalised in Magistrate’s Court. RESULT: SUSPENDED IMPRISONMENT ORDER AND INTENSIVE SUPERVISION ORDER.
36 year old man charged with burglary, two threats to harm,serious common assault(in circumstances of aggravation),and criminal damage. Took instructions on Friday. Reviewed file on weekend. Met with client on Monday.Arranged pleas to charges on Tuesday.RESULT:PRE-SENTENCE ORDER(COMMUNITY BASED DISPOSITION).
44 year old man charged with failing to obey a move on notice and obstructing Police. RESULT: MODEST FINE & SPENT CONVICTION.
Perth Magistrate’s Court: Shenton Park man, pleaded guilty to excess 0.08 offence. Fined and disqualified (minimum) – SPENT CONVICTION GRANTED.
Iranian man charged with reckless importation of child exploitation material – ACQUITED FOLLOWING JURY TRIAL Commonwealth DPP subsequently discontinued other Magistrate’s Court charges of similar nature.
Man pleads guilty to disorderly conduct and obstruct Police – FINE & SECOND SPENT CONVICTION.
Yanchep woman, Previous offences and imprisonment, New District Court 2 x burglary, 2 x steal motor vehicle – COMMUNITY BASED SENTENCE.
Henley Brook woman charged with assault of a Police Officer. Negotiated charge to hinder Police – FINE & SPENT CONVICTION.
Nullagine Court: charge of deprivation of liberty discontinued following negotiations – SPENT CONVICTION.
Armadale Children’s Court: assault occasioning bodily harm – DISMISSED.
Perth: application for extraordinary driver’s licence – GRANTED.
Perth: sustained Centrelink fraud – INTENSIVE SUPERVISION ORDER.
Rockingham: application for Violence Restraining Order – SUCCESSFULLY NEGOTIATED.
Armadale Court: two burglaries, steal, possess cannabis, unlawful damage- 12 MONTHS INTENSIVE SUPERVISION ORDER.
Perth: attempted burglary while on suspended imprisonment order – FURTHER SUSPENDED IMPRISONMENT ORDER MADE.
Fremantle: stealing a boat – SPENT CONVICTION GRANTED.
Wembley man charged with stealing and trespass – SPENT CONVICTION.
Joondalup man charged with common assault – SPENT CONVICTION.
Joondalup man charged with speeding- ACQUITTAL.
Joondalup man charged with Obstructing Police – ACQUITTED.
Rockingham man applying for a second spent conviction – SPENT CONVICTION AWARDED.
Midland woman applying for Extraordinary Drivers License – LICENSE GRANTED.
Fremantle woman charged with Stealing a Motor Vehicle – ACQUITTED.
Man applying for removal of life disqualification of his drivers license – LICENCE GRANTED.
Northern Suburbs man charged with Reckless Driving – ACQUITTED.
Hillarys woman applying for Extraordinary Drivers License – LICENSE GRANTED.
Perth man charged with Assault Occasioning Bodily harm – ACQUITTED.
Queensland man charged with sell supply of 6 ecstasy pills – SPENT CONVICTION.
Joondalup man charged with assault – ACQUITTED.
Northern Suburbs woman facing Violence Restraining Order Proceedings – ORDER DISMISSED.
Southern Suburbs man charged with threats to kill – ACQUITTED.
Joondalup Woman charged with aggravated assault – ACQUITTED.
Merriwa man applying for Extraordinary Drivers Licence – APPLICATION GRANTED.
North Perth Man charged with assault occasioning bodily harm – NOT GUILTY.
Joondalup man charged with Reckless driving – ACQUITTED.
Joondalup man charged with breaching a violence restraining order (VRO) – CHARGES DISCONTINUED.
Lansdale man facing Sexual penetration of a child under the age of 16 prosecution – NOT GUILTY.
FIFO worker facing possession of child pornography / child exploitation material – CHARGES DISCONTINUED.
Margaret river woman charged with possession with intent to sell/supply – CHARGES DISCONTINUED.
Southern suburbs man facing 4 Violence Restraining Orders – ALL ORDERS DISMISSED WITH COSTS.
Mirrabooka woman: charged with assault occasioning bodily harm – COURT ACCEPTED SUBMISSIONS RE SENTENCE SO COMMUNITY BASED ORDER MADE.
Willetton man charged with disorderly conduct – CHARGES DISCONTINUED.
Fremantle man charged with assault – ACQUITTED.
Jurien Bay man charged with assault – ACQUITTED / COSTS AWARDED.
Perth man charged with Criminal damage – ACQUITTED.
Como man charged with reckless driving – CHARGES DOWNGRADED.
Perth man charged with common assault – SPENT CONVICTION.
Client charged with possession of methylamphetamine, and possession of red phosphorus. Successfully negotiated with Police so that LATTER CHARGE DISCONTINUED. SPENT CONVICTION BEING GRANTED.
Supported by a strong and capable team, Neville Barber is an experienced advocate and Perth Criminal lawyer. Neville was admitted in 1984 and has practised in a variety of legal areas since then.
Neville is a family-oriented man with a strong interest in social justice. He provides empathetic legal representation with a view to assisting clients progress through the legal system in an efficient, reasonable way.
Phone: (08) 9322 3122
A/H: 0407 617 770
Experienced Perth Criminal Lawyers, Perth Traffic lawyers, Barristers and Solicitors available 24/7 to assist your legal needs
Suite 203, First Floor
471 Hay Street, Perth
West Australia 6000
Entrance next to Bench Espresso