Two successful Schedule II bail applications and all charges in District and Magistrates Court dropped
Our client faced a number of serious charges in both the District Court and the Magistrates Court. Despite major issues with the evidence, the police and prosecution refused to drop the charges and opposed our client's bail, initially resulting in the client being remanded in custody because of the operation of Schedule II of the Bail Act.
James Jackson presented a persuasive bail application in the ...
Historical sex offences remitted to Children’s Court after submission presented
Our client faced a number of serious historical sexual offences alleged to have been committed over a decade ago. The police and DPP chose to charge the client as an adult, commencing the case in the Magistrates Court and then the District Court. After reviewing the evidence, James advised the client there was significant evidence which suggested the client might have been a child at ...
Spent conviction order granted for Uber driver
Our client, an Uber driver who worked full-time whilst also looking after 5 children, was charged with breaching a police order. The client refused to leave his house after his wife made false domestic violence allegations against him in order to force him to leave the property. The police attended and, because they could not determine that any domestic violence had taken place, issued a ...
2 x Indecent assault reduced to a single charge; spent conviction order imposed
This recent case involved the client originally being charged with two offences of indecent assault. The charges arose from an incident at a music festival and involved two complainants.
Following receipt of the disclosure, it was clear one of the complainant's accounts lacked credibility, and appeared to have been introduced in an attempt to add weight to the other complainant's account. We presented a plea offer ...
Not Guilty: client acquitted following only 20 minutes of jury deliberations
This recent case involved our representation of a client over a period of several years. Initially charged with an offence of sexual penetration without consent, we acted for the client from early in the Magistrates Court stage. We progressed the matter towards trial, and in the process of doing so, the complainant made an allegation the client had breached their bail by coming too close ...
Spent conviction imposed for assault public officer
In this case the client was originally charged with disorderly behaviour in public, and assault public officer. The charges related to the client's conduct when confronted by police outside their sister's wedding. The police alleged that the client had unlawfully taken alcohol into the Hay St mall, and was aggressive and threatening when confronted by police.
The client had no record and worked on a fly-in, ...
Suspended sentence imposed and juvenile justice principles applied in historical sexual offending case
This matter involved very lengthy proceedings against the client, who was originally charged with sexual offences that occurred over a decade prior. We acted for the client from the moment they were charged, all the way to the conclusion of the matter some three years later. The police originally charged the client as an adult, however it was clear that there was a strong likelihood ...
Spent convictions imposed for 6 x offences including aggravated criminal damage
In a complex recent case, we acted for a client charged with numerous offences including breaching bail, stealing, trespass, forging a driver's license, selling liquor to a juvenile and three counts of aggravated criminal damage. Thoe damage charges, being the most serious, related to alleged racist graffiti damage upon a school and some property in a residential neighbourhood. The client had provided multiple police interviews ...
Not Guilty: Client acquitted of multiple historical sexual offence allegations
Our firm was involved in a long-running matter where the client was charged with multiple sexual offences alleged to have occurred many years prior. The client came to us having transferred from another firm. We represented the client at their first trial in the Bunbury District Court. Unfortunately, part-way through the complainant's evidence, important new evidence was adduced by the prosecution which had not been ...
Client wrongly found to be “Schedule II” by Magistrate released to bail after successful review application
Our client, a young man with no criminal record, came to our firm having spent four and a half months in custody for false domestic violence allegations. He had previously been represented by counsel, who unsuccessfully applied for bail before another Magistrate. That Magistrate had even refused to release the client on home detention bail, being the strictest possible bail condition available to the court.
Upon ...
Suspended sentence imposed in >$100,000 fraud case
We represented a client in protracted litigation which took place over the course of several years. Initially charged with 30 historical fraud offences valued at over $100,000, the client's case was listed for a 5 day trial in the Magistrates Court. We advised the client to negotiate a plea of guilty to some of the charges, if others were dropped, with the aim of achieving ...
Spent convictions imposed for 3 x Breach FVRO; assault; breach data access order
Our client came to the firm facing a multitude of charges arising from an acrimonious relationship breakdown with his ex-partner. Some of those arose due to an ongoing family court dispute over their son. The client was initially remanded in custody having had bail refused after an unsuccessful bail application by another firm. This was so despite the fact that several of the charges against ...
19 charges of sexual offences dropped after submission presented
The WA Police charged our client with 19 serious charges of historical sexual offences. It is unclear precisely how charges were allowed to be laid at all, given the complete lack of evidence in this case. On receiving the disclosure material, James Jackson determined there was clearly no prima facie case for any of the charges. That is, not only was there no evidence in ...
Spent conviction imposed in high-range drink driving case
This matter involved a client charged with 'driving under the influence of alcohol', which is an offence requiring a breathalyzer reading of or in excess of .150 BAC. The client was also charged with exceeding the speed limit by 32 km/hr. The client had no record and required a clear record in order to pursue their intended future career.
We recommended the client engage in extensive ...
2 x Aggravated Assault Occasioning Bodily Harm downgraded to 1 x Common assault; fine imposed
In a recent case our client was charged with two offences of aggravated assault occasioning bodily harm. The charges related to a brawl in a shopping centre between owners of different stores within the shopping centre. There were numerous parties involved, including a co-accused and multiple complainants. The police alleged that our client was a principal offender for each of the charges, and our client ...
All charges dropped after submission presented
We recently commenced acting for a client facing several assault charges which arose from an incident in which the “complainants” had threatened and assaulted the client and his partner on their property.
The client faced losing his employment if convicted of these charges. James Jackson carefully reviewed the evidence and determined that there were a number of defences open to the client, which the prosecution had ...
Spent conviction granted in serious assault case
We recently acted in a matter where the client, who had no record, was charged with a serious assault occasioning bodily harm offence ('AOBH') relating to an assault on a former friend. The original charge and facts alleged a sustained assault in which the complainant suffered injury including clumps of hair being pulled out. The client initially wished to take the matter to trial. On ...
Not guilty: client acquitted of historical sexual offence allegations
In this recent case our client was charged with sexual offences relating to a complainant that the client babysat on several occasions some 22 years ago at the time of trial. The complainant and various members of her family had given statements against the client out of the blue, and some 18 years after the alleged offences. We represented the client from the Magistrates Court ...
Spent conviction and fine imposed in District Court cannabis dealing case
In this recent case we acted for a client who faced numerous charges relating to a vehicle search. The police stopped the client and their partner and searched the car under the weapons act, due to the partner's recent convictions for weapons offences. Inside the car, 78 cannabis plants were found along with numerous weapons including a firearm. The police charged both persons with the ...
2 x Charges dropped and spent conviction imposed in Assault Occasioning Bodily Harm case
In this recent case our client was charged with three offences of aggravated assault occasioning bodily harm. The charges related to alleged instances of assault occurring between the client and their child on three separate occasions. Unfortunately, there were repeated instances where the parent was required to discipline the child and the allegations had arose in the context of such discipline.
On receipt of the materials ...
4 x Indecent assault reduced to a single charge; spent conviction order imposed
In this case the firm acted for a client charged with four counts of indecent assault. The charges involved serious allegations of the client indecently slapping the victim repeatedly over the course of numerous incidents. The client worked full-time on a fly-in, fly-out basis and had never been charged or convicted of a criminal offence. On receipt of the materials, it was apparent that the ...
Not Guilty: client acquitted of multiple historical sexual offence charges after District Court trial
Following a three day District Court trial before a jury, our client was acquitted of two counts of sexual offences involving two separate complainants. The charges related to conduct occurring many years earlier, and the client was disadvantaged in mounting a successful defence by the passage of time. James Jackson cross-examined the complainants and their mother at length, with a view to establishing that they ...
Obstruct charge dropped and spent conviction imposed in assault public officer case
We recently concluded a matter which arose out of the now abolished coronavirus mask rules on public transport. Our client, who had no criminal record, had been out in Fremantle with their partner in the evening, and was returning home by train when confronted by a heavy-set transit officer. At the time, it was mandatory to wear a mask covering not just your mouth but ...
Suspended sentence imposed in aggravated armed robbery case
This matter involved a client charged with a serious offence of aggravated armed robbery. The allegation was that the client robbed a service station whilst armed with a replica firearm. On receiving the materials from the client, it was clear that the offence, whilst serious, was towards the lower end of the scale. A review of the CCTV material revealed that the client had no ...
Suspended fine and spent conviction order imposed for serious assault occasioning bodily harm
Following successful negotiations with the police, a serious assault charge against our client was dropped in exchange for a guilty plea to another serious assault charge, which had several powerful mitigating circumstances. Following a successful bail variation application, our client was permitted to remain in contact with the victim whilst awaiting sentencing. James Jackson presented a plea in mitigation in which the background to the ...
Not Guilty: Bouncer acquitted of nightclub grievous bodily harm
Our client, a nightclub bouncer at the Coconut Grove nightclub in Northbridge, came to our firm only a few weeks before their scheduled trial on a charge of grievous bodily harm. The State alleged our client choked out a nightclub patron and then dropped him to the floor, breaking his jaw and shattering his teeth. Our client's previous lawyers had advised him to plead guilty. ...
Impede breathing charge discontinued; spent conviction imposed for remaining charge
This case involved a client originally charged with two offences. The first, impede another person's normal breathing, also known as 'strangulation'. The second, aggravated common assault. The offences arose from an incident involving the client and two other males in the surf at a popular Perth surfing location. The allegation was that the client, after being 'dropped in' on by the complainant's son, then put ...
Second spent conviction granted for client with prior spent conviction
In long-running litigation that was recently brought to an end, we acted for a client charged originally with an offence of assault public officer. Whilst on bail, police laid a string of further charges against the client, who had a prior spent conviction for similar offending.
We reviewed the evidence for the serious assault public officer charge and it was apparent that the prosecution would be ...
Client released to bail on serious charges after initial bail refusal
Prior to coming to our firm, our client was refused bail on a number of serious charges including home burglary. The prosecution strongly opposed bail as one of the complainants was a police officer. The client unsuccessfully applied for bail without legal representation. The court was unwilling to release the client to bail given the alleged risk of reoffending and also the risk of flight.
A ...
Second spent conviction imposed in weapons offence case
This case involved a client charged with a Weapons Act offence, relating to police locating a set of knuckle dusters with a knife attached in the client's car. There was another person in the car, as well as other items in the rear belonging to other persons. The client had a previous spent conviction for an unrelated offence.
We originally prepared the matter for trial on the ...
36 Charges Reduced To 21; Concurrent Sentences Imposed
Our client transferred to our firm facing 36 charges for a large number of offences including numerous burglary matters. The client had previously received a term of imprisonment for various other offences.
James reviewed the voluminous brief in detail and presented a persuasive plea offer to the prosecution. That plea offer included discontinuing nearly all of the burglary charges as there was insufficient evidence to prove ...
Not guilty: client acquitted of multiple sexual offences following District Court jury trial
In an excellent conclusion to a long-running case, we acted for a client charged with multiple counts of sexual offences. The allegations were brought by a child who was a friend of the family and was said to have occurred at the end of a party at which numerous persons were present. The client came to us upon being charged.
On receipt of the disclosure evidence, ...
Suspended sentence imposed for serious domestic assault
We represented a client who transferred to our firm facing three serious domestic offences, including strangulation and aggravated assault occasioning bodily harm. The client had unfortunately been refused bail after an unsuccessful application for bail made by another solicitor.
Given the refusal of bail, the client was facing many months in custody on remand waiting for a trial, in a matter which might not ultimately result ...
Deprivation of liberty charge dropped; spent conviction orders imposed for 3 x assault
Our client came to the firm charged with a serious offence of deprivation of liberty, and three offences of aggravated common assault. The charges related to an acrimonious breakdown in a relationship, and also arose in the context of disputes over child custody as a result of that breakdown.
On review of the materials, it was plain that there was no real basis for the deprivation ...
Spent convictions x 2 imposed in trespass and optical surveillance device case
In this case the firm acted for a client charged with trespass, and use of an optical surveillance device. The client had no criminal record and was of impeccable character.
The allegations related to an awkward situation involving the client accidentally entering the wrong bathroom at a shopping centre, and becoming stuck there upon realising their mistake. The client used their mobile phone briefly to try ...
Spent conviction granted in serious assault occasioning bodily harm case
We recently acted in a long-running Magistrates court trial involving a charge of assault occasioning bodily harm. Our client, a first offender, was attacked by the accused during a night out in Fremantle, for no reason. The client suffered serious injuries including bruising, a dislocated jaw, and broken glasses. The client remained in the area after the assault to wait for the police. A mere ...
$10 fine imposed for breaching a data access order
Our client was originally faced with a serious indictable charge, which if convicted would result in many years of imprisonment. As a result of our successful representation, the client was released to bail on that charge after spending a considerable period in custody whilst represented by other lawyers. The charge was ultimately discontinued before trial.
However, a further charge of breaching a data access order remained. ...
Not Guilty x 3: Client acquitted without a trial, costs awarded
We recently concluded acting for a client who was charged by police with three offences of disorderly, obstruct police, and fail to leave licensed premises. The charges arose from an incident where our client defended their friend from an assault whilst waiting for take-away food. Our client remained at the scene and attempted to offer assistance to their friend, who was being spoken to by ...
46 charges reduced to 33; suspended sentence imposed
Our client was originally charged with 46 charges related to fraud and possessing stolen identification material. The value of the frauds was tens of thousands of dollars. The client was initially facing a trial in the District Court and a likely sentence of several years imprisonment.
We obtained the disclosure material, which comprised thousands of pages of documents. After a thorough review, we recommended making a ...
Spent convictions imposed for 3 x charges of assault police; obstruct police; & give false personal details
We represented a client who was charged with assaulting a police officer, obstructing police, and giving false personal details to police. The client was concerned at receiving a sentence of imprisonment, given that the assault to police involved kicking an officer in the head.
After successful negotiations, we had the assault police allegation reduced to a single kick, instead of a flurry of kicks. We, further, ...
Indecent assault charge discontinued after submission presented; costs awarded
We recently acted for a client facing a serious charge of indecent assault. It was apparent that there were serious issues with the complainant's credibility. Further, there were multiple potential defence witnesses who could discredit the complainant. James Jackson interviewed four separate defence witnesses and summonsed them to the trial. A further summons was issued to a government department to obtain crucial evidence in support ...
7 x Spent Convictions granted for client with prior spent conviction
This exceptional case involved us representing a client who was charged with 7 offences involving firearms, driving whilst under the influence of drugs, and breaching a police order. The offences occurred over separate days and were fairly serious offences for which spent convictions might not ordinarily be imposed. The client had, further, received a spent conviction some years prior for a disorderly behaviour charge. The ...
2 x indecent assault downgraded to 1 x common assault; spent conviction order imposed
In this case we acted in a matter involving two counts of indecent assault. The allegations related to an incident involving a security guard who was working at a large festival on their first shift. There were two separate complainants.
We progressed the matter to trial and obtained an order for disclosure. It was apparent from the disclosure evidence that there were significant deficiencies in the ...
Recent high level drug dealing cases
James Jackson Criminal Defence has recently been involved in two high level and complex drug dealing cases. Both cases involved syndicates with multiple members and complicated factual scenarios.
In the case of Watson, we represented a client involved in transporting 4kg of methylamphetamine and dealing in 5 million dollars in cash, the proceeds of crime. This ultimately resolved with a guilty plea and a complicated sentencing ...
Spent convictions imposed for cultivating 16 cannabis plants and 147g of cannabis
We recently acted for a client charged with cultivating 16 cannabis plants, possessing 147g of cannabis and also possession of various cannabis smoking implements. The client had various prior convictions for traffic offences but had never received the benefit of a spent conviction. We advised the client to obtain detailed character references and also medical evidence of steps that had been taken to address the ...
Not Guilty x 7: Client acquitted of multiple sexual assault charges following 8 day trial
We recently represented a client facing 7 serious charges of aggravated sexual penetration without consent. The client came to us from another firm with a trial listed for 4 days in Perth District Court. The charges related to the client's ex wife and had been pressed by the complainant during an acrimonious family court dispute.
On transferring to our firm, we identified the following major issues ...
DPP abandons Trial of issues; client released on bail
Prior to transferring to our firm, the client had been remanded in custody awaiting sentencing for a period of two years and seven months. His previous lawyers had made no application for bail, and had listed the case for a trial of the issues which had caused lengthy delays. Further, there had been no consideration given by previous counsel to the admissibility of crucial pieces ...
Client released to bail; DPP drops charges
A client came to us having been remanded in custody for 18 months awaiting trial in the Supreme Court for a matter which, if they were convicted, would have resulted in a sentence of over a decade of imprisonment. The client's previous lawyers had been unsuccessful in obtaining bail for the client while awaiting trial. Upon transferring the client's case to James Jackson, a comprehensive ...
Spent conviction for assault public officer for client with previous spent conviction
We recently acted in a matter involving a client charged with assault public officer; obstruct public officer; and disorderly behaviour in public. The client had a prior spent conviction for breaching a police order, which had been imposed a short period prior to the present charges. The statement of material facts was unfavourable to the client and also inconsistent with CCTV footage of the incident, ...
Client fined for breach of intensive supervision order
Last year, James Jackson represented a client on a serious charge of assault occasioning bodily harm, for which the client was facing a term of imprisonment. After a trial of the issues, Mr Jackson convinced the Magistrate that the client had been provoked, with the result that the court placed the client on an intensive supervision order instead of what would have been a ...
9 offences reduced to 3; spent conviction orders imposed
Our client was charged with nine offences arising from a police search warrant. There were significant doubts as to who owned the items the subject of the charges. Further, a conviction for any of the offences had the potential to prevent our client from working in their chosen field. After James Jackson engaged in successful negotiations with the police, the nine charges were reduced to ...
Spent convictions imposed for assault public officer; aiding another to escape lawful custody; obstruct public officer
Our client originally faced charges of assault public officer in prescribed circumstances; aiding another to escape lawful custody; and obstruct public officer. The client was facing a mandatory term of imprisonment if convicted of the assault charge. The charges arose from a violent and aggressive arrest of the client's sister which only came about due to her failure to provide her personal details to the ...
2 x charges dropped; spent convictions imposed for remaining charges
We recently acted for a client who was faced with 3 charges of breaching a move-on order, and a further charge of obstructing a public officer. The client worked full-time in a FIFO role and could not afford to have a conviction on their record.
On review of the initial disclosure, it was apparent that one of the charges was actually a duplicate of another charge. ...
Appeal allowed: fine and costs order reduced, spent conviction order imposed
In this Single Judge Appeal matter, we acted for the appellant who had originally been charged with an offence of feeding birds without using a rodent-proof receptacle. This obscure law was pursuant to the Council's local laws, and carried a maximum penalty of $1,000. The appellant had been self-represented in the original Magistrates Court proceedings. In the Magistrates Court, the appellant sent in a letter ...
