Action: Sentence, Plea of Guilty
Charge: Contravene Domestic Violence Order
Result: 18 months probation, order for rehabilitation, Conviction Not Recorded

38 year old man with an early history (from his 20s) of non-violent offending, had been arrested and held in custody for a violence incident with his wife of 5 years. A DV Order was in place from an argument some months prior. The defendant was a support worker assisting vulnerable people in the community after working hard to turn his life around and not being in trouble with law for over 10 years.

On the night of the arrest, the defendant and his wife were both drinking heavily and playing cards. An argument erupted and both parties involved in snatching phones, throwing beer, slamming doors, and a lot of swearing causing neighbours to call police. The defendant acknowledged he has a drinking problem, his current and ex wife and his adult children all gave supportive references.

As he was in custody for a month waiting for sentence, the prosecution asked for a prison sentence taking into account time served and a period of parole to ensure rehabilitation was completed. This would mean a conviction must be recorded.

Whilst the defendant did have a prior criminal history, we made submissions to the court about his actions towards rehabilitation, the support he has from his family and position of responsibility in the community. We asked that his time in custody be taken into account but instead give him a probation period to allow for him to complete rehabilitation programs under supervision and a deterrence, and to allow for no conviction recorded. These submissions were accepted and he was sentenced to 18 months probation with a condition he undertake alcohol rehabilitation programs.

Action: Sentence, Plea of Guilty
Charge: 3x Stealing
Result: 9 months Probation, Restitution (pay for the items), Conviction Not Recorded.

27 year old man with no criminal history charged with 3 separate counts of stealing large items from various retailers. Defendant had no reason to steal the items, he works and could afford them - but on consultation, it was clear he was undergoing a period of stress for various personal events. This is a fairly common type of stealing offence scenario where people under emotional stress take items for no apparently reason. This was a mitigating factor taken into account, but probation was imposed to make sure he gets help for his situation.

Action: Case Conferencing
Charge: Stealing
Result: Adult Caution (Charges withdrawn)

28 year old woman with no prior history was charged with stealing from a retailer. However, it was her co-accused and not her who actually had taken the items from the shop. Defendant maintained that she didn't know her partner was going to take the item, but it was apparent before they had left the shop. Negotiations were successful to issue the defendant with an adult caution (police warning) instead of pursuing the charges in the court. 

Action: Sentence, Legal Aid.
Charge: 33 charges, varied and predominately drug related offending.
Result: 24 months imprisonment, early parole eligible December 2025.

36 year old man with a significant drug and property offending history was in custody for 155 days (5 months) when Valeston Lawyers was asked to assist with his complex sentence. Originally asked to manage 5 charges, we provided additional assistance to draft submissions for the entire case.

Our assistance ensured the client received appropriate advice to proceed on the bulk of the charges.

Prosecution sought 36 months imprisonment with parole after 12 months (7 months remaining in custody after time already served).

Defence sought 18 months imprisonment with parole after 8 months (3 months left to serve in custody).

The Magistrate considered both and decided on 24 months imprisonment with parole after 7 months (2 months left to serve) taking into account our submissions that a long parole period will be giving him the best opportunity to continue with his rehabilitation efforts.

Action: Bail Application, show cause.
Charge: 3x Contravene Domestic Violence Order and 1x Common Assault
Result: Client released on bail.

48 year old woman charged with a series of domestic violence related offences was held in custody. The nature of the charges meant she was in a Show Cause position and was being held in custody to apply for bail to a Magistrate.

Our application was successful, being able to show why the defendant should not be held in custody,