Our Cases

In mid-2024, we were approached by the family an accused person who had been found guilty of rape in very unusual circumstances. The accused always maintained their innocent and felt that the trial had been conducted improperly.

After reviewing the material, we agreed. We took over the case after the accused was convicted but before the accused was sentenced. We conducted the Plea Hearing and our client was remanded into custody. However, before that occurred, we had already filed our appeal to the Court of Appeal against her conviction. The appeal had a number of grounds, including that the judge had given an improper distress direction to the jury which compromised the fairness of the trial.

In late 2025, the appeal was heard before the Court of Appeal who unanimously overturned the conviction and released the accused on bail the same day. Given that a re-trial has been ordered, we have not identified the accused. We hope to successfully defend our client at a re-trial in 2026.

Year: 2023

In 2022, we were engaged to act for Ms. Kurban, who had received a curious letter from Victoria Police advising her that there may have been issues with the safety and security of her conviction

Victoria Police: Drug conviction overturned after officers lied to get search warrant

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Year: 2020

The case of Zlate Cvetanovski was our second successful conviction appeal, arising from the misconduct of Ms. Gobbo and the Victoria Police. Mr. Cvetanovski had been convicted after trial of serious drug offences. The prosecution case relied on the evidence of a former career criminal and drug cook turned Crown witness. When Mr. Cvetanovski was arrested, he received legal advice from Ms. Gobbo.

Thereafter, at his trial, our client’s barrister questioned whether Ms. Gobbo had some insidious involvement in the prosecution of our client. Our client was convicted and sentenced to a significant term of imprisonment. In December 2018, the High Court delivered a landmark ruling, revealing that Ms. Gobbo had (for some years) been a registered human source for Victoria Police and had informed on a number of her own clients. It also revealed that Ms. Gobbo had assisted to build the prosecution cases against her own clients, which was not a fact disclosed to the accused prior to their trial.

In 2020, after we successfully achieved appeal bail for Mr. Cvetanovksi, his appeal was also successful and his conviction overturned. Mr. Cvetanovski has commenced civil proceedings against the State of Victoria.

Cvetanovski v The Queen [2020] VSCA 272 (30 October 2020)

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Year: 2019

Perhaps our most well-known success story was the case of Faruk Orman. Faruk had been a client of our firm since the early 2000s. He was charged with the murder of Victor Pearce in 2007. Shortly thereafter, we briefed Ms. Nicola Gobbo to act on his behalf. Ms. Gobbo acted for him until she left the Victorian Bar in 2009. Mr. Orman was then convicted of the murder and sentenced to a significant term of imprisonment. He appealed his conviction all the way to the High Court of Australia but was unsuccessful.

In December 2018, the High Court delivered a landmark ruling, revealing that Ms. Gobbo had (for some years) been a registered human source for Victoria Police and had informed on a number of her own clients, including Faruk. Significantly to Faruk (and others), she had also encouraged clients to inform and give evidence against other clients of hers, before then going on to act for both. In Faruks case, the prosecution relied on a career criminal turned Crown witness who gave evidence that Faruk had confessed to him. That criminal had been represented by Ms. Gobbo and encouraged to give evidence against Faruk. In early 2019, our office took on Faruk’s appeal and assembled a team to comb through all of the evidence.

By July 2019, Faruk’s conviction had been overturned and he had been released from custody, having served 12 years in prison. Faruk went on to sue the state of Victoria and was awarded compensation.

Orman v The Queen [2019] VSCA 163 (26 July 2019)

NSWCCA 15″]

NSWCCA 15″]

Year: 2016

In November 2012, Moustapha Dib was convicted of murder of a young mother, who was killed in a drive by shooting on 23 November 2000. Our client was a child at the time. The shooting occurred at night in a dark street. The assailants wore balaclavas. The husband of the deceased (and original target of the shooting) was shot through the neck. The Crown case relied on matters he told police whilst recovering in hospital immediately following surgery in circumstances where he was under the influence of pain medication. He later recanted his statements.

In 2015, after unexpected delays in the appeal proceedings, our office instructed eminent Counsel in the Court of Criminal Appeal in Sydney in relation to the conviction appeal. It was a very lengthy and complex appeal. In February 2016, our client’s murder conviction was overturned and we were present to collect him from prison and bring him home to his family.

Dib v R [2016] NSWCCA 15 (15 February 2016)

Year: 2025

In February 2025, a new client (the unlucky passenger) was arrested late at night and charged with trafficking a commercial quantity of a drug of dependence, having been intercepted in a vehicle (also occupied by others) and found with illicit drugs. The Police alleged that the drugs were a commercial quantity of drugs – a very serious charge – and placed him under arrest before interrogating him. Luckily for him, his friend had our contact details. We were able to obtain enough information to ascertain that the unlucky passenger was in a very difficult position! We immediately made contact with the client and confirmed our advice to him with respect to his interview. Because it was late at night, the unlucky passenger was unable to be brought before the Court immediately.

However, his luck changed when we made contact with the Police first thing the following morning. One of our lawyers was down there in the cells speaking with the client as soon as we were aware of his location. The Prosecution sought to have him remanded in custody, which would have resulted in our client potentially spending months in prison before the complete brief of evidence was served, in order for his matter to progress. We immediately commenced preparing a bail application and, that afternoon, he was granted bail. The complete turnaround time was less than 24 hours and involved obtaining instructions, briefing counsel, facilitating a video-link for his family, negotiating with the Prosecution and successfully applying for bail.

The unlucky passenger’s luck turned around because of our team!

As this case is unreported, our client cannot be named for legal reasons.

Galbally Parker represents clients in complex drug matters, including possession, trafficking, cultivation and commercial quantity offences. Learn more about how our drug offence lawyers can assist.

Year: 2024

Our client faced charges of trafficking drugs of dependence, along with several related offences. During a search of his residence, police discovered a commercial quantity of cocaine and methamphetamine, as well as property suspected to be the proceeds of crime.

Our client was denied bail in the Magistrates’ Court due to the strength of the prosecution’s case and concerns that, as a non-Australian resident, he posed a flight risk. Seeking to challenge this decision, he engaged our firm to apply for bail in the Supreme Court.

On behalf of our client, we brought an application to the Supreme Court in a timely manner after gathering critical health-related materials and securing a place at a residential rehabilitation facility, in the event that he was granted bail.

A key argument in our submission was our client’s urgent need for medical diagnosis and ongoing treatment—care that Corrections Victoria was unable to provide in a timely manner. We also highlighted the availability of a substantial surety, full time employment, the significant delays in the case due to pending forensic analysis, and our client’s personal circumstances. Additionally, the availability of residential rehabilitation was an important consideration in the Court’s decision.

After presenting these factors, we successfully secured bail for our client.

As this case is unreported, our client cannot be named for legal reasons.

Our team has extensive experience acting in serious drug matters, including cases involving commercial quantity drug charges. Learn more about the advice and representation available through Galbally Parker.

Year: 2024

Our client was arrested and remanded after being a passenger in a vehicle where a large quantity of drugs was discovered. He denied any knowledge of the drugs and was initially released without charge.

However, a subsequent DNA analysis of the drug packaging allegedly linked him to the case, leading to his re-arrest and remand in custody. At this point, his family reached out to our firm for help.

Within a week, we secured all relevant case materials and filed a bail application. During our cross-examination of the investigating officer, we uncovered a critical flaw in the police procedure: the officer failed to record whether he changed gloves between searching our client and handling the drug packaging. As a result, he could not rule out the possibility that he himself had transferred our client’s DNA onto the evidence.

Thanks to our thorough investigation and strategic defence, our client was granted bail, and the prosecution ultimately withdrew all charges.

As this case is unreported, our client cannot be named for legal reasons.

Galbally Parker assists clients facing a wide range of drug allegations, from possession and cultivation to defending drug trafficking allegations in complex proceedings.

Year: 2022

Our client was a child when he was charged with a murder, which involved a number of other children. From the outset, it was apparent that the identification evidence relied upon by Police was problematic and that the evidence against our client could be effectively challenged. Unfortunately, however, due to the delay in preparing the brief of evidence, our client would be separated from his family and kept in youth justice detention for months unless we successfully applied for bail.

Notwithstanding the seriousness of the charge, fierce opposition from the Prosecution and Police and the complexity of the evidence, we progressed our client’s application for bail to the Supreme Court. After a heated and passionate application, our client was granted bail and was able to return home to his mother just in time for Christmas. Ultimately, the Prosecution were forced to withdraw the murder charge.

Our client cannot be named because he was a child at the time of these proceedings.

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Year: 2021

Our client was charged with the murder of his partner. There was a 14 year gap between the alleged offence and the laying of the charge, which was complicated by the fact that there had also been a coronial inquest conducted in the interim, with no criminal offending in the intervening period. Due to our client’s age and health, his experience of custody was devastating.

Notwithstanding the seriousness of the charge, which requires that exceptional circumstances be demonstrated before bail will be granted, we successfully progressed the bail application before Justice Tinney in the Supreme Court, who granted our client bail.

The bail decision can be accessed here: Re Charlton [2021] VSC 342 (11 June 2021)

Year: 2021

Our client was charged as part of the AN0M investigation into the attempted importation of drugs from overseas, utilising a messaging platform created and monitored by the FBI. He was initially refused bail due to a failure by the AFP to disclose materials they had. Dissatisfied with the representation of his former lawyers, he reached out to our team.

Once retained, we assembled our paralegals to meticulously examine the evidence. We made another application for bail, which was furiously opposed by the prosecution. Notwithstanding the complexities of the case, the prior bail refusal and the attitude of the prosecution, we secured bail for our client.

This case demonstrates that, even if bail has been refused, there are always avenues available to make a new application.

As this case is unreported, our client cannot be named for legal reasons.

Galbally Parker represents clients facing serious Commonwealth drug matters, including allegations involving border control, importation and trafficking. Learn more about our legal representation for drug importation charges.

Year: 2021

Our client developed a significant drug abuse problem during COVID lockdown, where his business suffered immensely and, with it, his mental health. After accumulating a drug debt that he was unable to repay, our client started trafficking drugs from his home. When he was raided by Police, they located drugs, cash and a number of weapons.

After a period on remand, our client reached out to our office due to his dissatisfaction with his lawyers at the time. He instructed us to take carriage of his matter and apply for bail. We quickly and thoroughly prepared a bail application, which we brought before the Magistrates’ Court. Our client was granted bail on condition that he engage in treatment and reside with his family.

After negotiations with the prosecution, our client was referred to Drug Court in the County Court, where he was admitted into their program.

As this case is unreported, our client cannot be named for legal reasons.

Clients facing serious drug offences require clear advice and strategic representation. Learn more about Galbally Parker’s legal representation for serious drug charges.

Year: 2021

Our client was located in a home, shared with two others, where significant quantities of drugs, cash and weapons were located. Our client was suffering from an acute drug addiction and desperately needed treatment. He was remanded into custody, where he experienced acute withdrawal symptoms, making him vulnerable to adverse health outcomes. It was apparent to us that what our client needed more than anything was rehabilitation.

We immediately prepared an application for bail in the Magistrates Çourt where we were able to produce an acceptable bail address, surety and treatment program. After we were able to achieve bail, the client went on to engage in outpatient treatment whilst maintaining his sobriety. He was then admitted into the Drug Court in the County Court, which he completed without incident, avoiding any further prison time. He is now doing well and has remained abstinent from drugs since the day that he was arrested.

As this case is unreported, our client cannot be named for legal reasons.

Galbally Parker acts in complex drug cases involving possession, trafficking, cultivation and commercial quantities. Learn more about our experience defending serious drug charges.

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Year: 2020

Bail pending a conviction appeal is exceptionally rare and is only justified where exceptional circumstances exist. In our client’s case, we raised very serious concerns about the effect on the fairness of his trial due to the non-disclosure by the Prosecution of the association between Ms. Nicola Gobbo (a barrister turned police informer) and the chief prosecution witness in his trial. During the same period, Ms. Gobbo was providing our client with legal advice, knowing that she had facilitated the provision of evidence against him.

Our client had served the majority of his sentence before the corruption was uncovered and the materials relevant to his appeal properly disclosed. He had previously applied for bail, without success.

However, once he engaged our firm, we gathered a team of lawyers who worked through voluminous and complex evidence, prepared the bail application and ultimately progressed it before the Court of Appeal. This endeavour was made more complex by virtue of the COVID lockdowns at the time. However, through our perseverance and our client’s trust in our abilities, we were able to secure him bail to return home to his family for the first time in over 7 years.

His conviction appeal progressed and he was successful five months after being granted bail. His conviction was overturned and verdicts of acquittal entered. He is now in the process of suing the State of Victoria.

The appeal judgment can be found at: Cvetanovski v The Queen [2020] VSCA 272 (30 October 2020)

False Imprisonment and Assault charges in the Children’s Court – Probation Order without conviction

Our client was a young person charged with False Imprisonment and Intentionally Causing Injury charges in the Children’s Court, alongside multiple co-accused. Our client was sixteen years old with no criminal history. The assault was serious and protracted in nature, with various aspects of the offending captured by video and text messages.

Our office commenced preparation prior to a brief of evidence being served, including by connecting our client with various youth justice programs that supported them in obtaining education and employment opportunities. Following extensive negotiations with the Prosecution at the earliest stage in the proceedings, we resolved the matter to two charges of False Imprisonment and Recklessly Causing Injury, which limited the conduct to which our client was pleading. The matter proceeded to a Plea hearing and a wealth of supporting material was filed on our client’s behalf. We were instructed to seek a non-conviction disposition, which would allow our client to secure employment in their chosen field in the coming year. The field in which our client wanted to work required disclosure of any criminal convictions.

Following fierce, extensive advocacy across two hearings, our client was sentenced to a 9-month Probation Order without conviction. This was a truly incredible outcome in the face of, as stated by the Court, ‘abhorrent’ offending. Because the accused was a child, they are being referred to with complete anonymity.

Our client approached us after he had breached his Magistrates’ Court Community Corrections Order (CCO) for the second time because of non-compliance. The original offending for which he was placed on CCO was one charge of theft and three charges of obtaining financial advantage by deception (index offending). He had been placed on a two-year CCO with therapeutic and community work conditions.

While our client had completed the therapeutic conditions of his CCO, he had failed to complete all of the required unpaid community work hours because he was facing financial and medical difficulties. He faced being sentenced to a period of imprisonment because this was the second time he failed to comply with the conditions of his CCO and the index offending was very serious: it involved a sophisticated scheme where he would obtain BP rewards points.

Ms Stacey Stanley of Counsel appeared for our client before the Moorabbin Magistrates’ Court. She made submissions about his challenging personal circumstances which included serious surgery. She also made submissions about the true objective gravity of the index offending by reference to the actual loss suffered by the victim, which was relatively small. She submitted that this reduced the significance of our client’s offending and changed the complexion of the hearing.

The Magistrate ultimately resentenced our client for the index offending by cancelling his CCO and imposing a $3,500.00 fine.

Year: 2024

Our client was involved in a complex Family Violence Intervention Order (FVIVO) case and faced multiple alleged contraventions. She was in the midst of a difficult divorce from her ex-husband, who had obtained an FVIVO against her. In response, she also applied for and was granted an FVIVO against him. At the same time, ongoing family law proceedings prevented her from seeing her three children, which had a significant impact on her mental health.

Our client was charged with seven counts of contravening the FVIVO, stemming from alleged unauthorized contact with her ex-husband and children. Some of these interactions occurred in the context of discussions about selling the family home and family law matters, making the allegations legally complex.

We worked closely with our client, advocating on her behalf through case conferencing and court hearings. Through strategic legal submissions and strong advocacy, we successfully negotiated a resolution that resulted in diversion for our client, meaning that she does not have a criminal record. This outcome provided her with the opportunity to rebuild her life and reunite with her children.

As this case is unreported, our client cannot be named for legal reasons.

Our client was charged with drink driving offences. Her car was observed driving erratically at around 9:00pm by a member of the public and when it was located by police, it had clearly been involved in a collision with the curb of a side street. Our client was located by police in a nearby house. She was honest and upfront with police that she was intoxicated but hadn’t driven her car since she arrived at the house about five hours earlier. Notwithstanding, Police charged her with driving offences based on witness observations.

Our firm carefully analysed the brief, including the body worn camera footage from each of the four attending officers. We wrote to the prosecution, outlining the reasons that it could not be proven beyond reasonable doubt that our client was driving her car at 9:00pm. Ultimately, the prosecution agreed and withdrew all charges against our client at the first mention.

Family violence charges involving a parent and step-child – criminal charges and intervention order withdrawn

Our client was facing serious assault charges, including charges of Recklessly Causing Injury and Aggravated Assault of a Male under 15. This was following an alleged violent incident involving our client’s step-son. Our client was 36 years old with no relevant criminal priors and a supportive family. He was incredibly concerned about the prospect of a conviction in circumstances where he required a Working with Children Check to maintain his employment.

Our firm commenced negotiations with the Prosecution over a month in advance of the first Mention hearing. We sought a withdrawal of all charges on the basis that we had real concerns about the Prosecution’s ability to successfully prove their case, notwithstanding that there was an eyewitness. We also sought a withdrawal of the intervention order, which prevented our client from returning to the family home.

The negotiations were extensive and ultimately successful. The Prosecution withdrew not only the criminal charges, but the intervention order as well. It is not a given that an intervention order will be withdrawn once a criminal matter is withdrawn and this took an incredible amount of work on the part of our team. Ultimately, after two months of uncertainty, our client was able to return home to his family.

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Year: 2023

Mr. Armstrong was charged with manslaughter following an altercation with the victim at Crown Casino. The entirety of the incident was captured on CCTV, our client and the victim were not known to each other and our client was intoxicated at the time.

Because it was a ‘one punch’ matter, it was open to the Director to serve a notice which would require the Court to sentence our client to a non-parole period of 10 years. Prior to the first Committal Mention of the matter, we were able to negotiate with the Prosecution for such a notice not the be served. Our client proceeded to plead guilty at the earliest available opportunity, in circumstances where the evidence was overwhelming and the offending very serious.

The matter proceeded to a Plea hearing in the Supreme Court, where the Court became aware of our client’s significant criminal history. In a very tense and difficult court environment, counsel for our client (instructed by our firm) advocated for the lowest possible sentence for our client, bearing in mind his background, remorse and early plea of guilty. The Supreme Court sentenced our client to a total effective sentence of 10 years imprisonment with a non-parole period of 8 years imprisonment, which was upheld by the Court of Appeal.

The relevant judgments can be found here:
DPP v Armstrong [2023] VSC 374 (30 June 2023)
Armstrong v The King [2024] VSCA 316 (17 December 2024)

Year: 2016

Mr. Hamzy was a client of our Sydney practice and, in 2014, was charged with a drive by shooting murder. During the course of his proceedings, his previous lawyer had to remove himself from the case and our client’s family contacted our firm. We immediately sent one of our experienced homicide lawyers to Sydney to review the case. Working with the most experienced and distinguished Sydney-based barristers, we prepared and ran one of the most complex and high profile murder cases in Sydney at that time.

We ran an argument of self-defence and called our client to give evidence in front of a Supreme Court jury. Ultimately, Mr. Hamzy was acquitted of the murder.

Year: 2014

In November 2012, Mr. Bracken killed his de facto wife in a shooting in Footscray and was charged with her murder. The shooting occurred in the middle of the day and was entirely captured on CCTV footage. He was arrested and immediately contact our office. He was interviewed with Police and charged with murder. Shortly after his remand, our office commenced work gathering evidence in relation to Mr. Bracken and his relationship with the deceased. This included interviewing witnesses and exhibits, creating a comprehensive chronology and having our experts slow down and zoom in on the CCTV footage contained in the Brief – which was an exercise that neither the police nor prosecution had conducted.

At the conclusion of our analysis, we had a comprehensive profile of our client, his relationship with the deceased and the case as a whole. This revealed a sustained pattern of family violence by the deceased against our client.

In February 2014, Mr. Bracken stood trial in the Supreme Court charged with murder, manslaughter and defensive homicide. He pleaded not guilty and argued family violence self-defence. At the conclusion of the trial, he was found not guilty of all charges.

Waiver of over $68,000 in infringements under the Family Violence Scheme

Our client came to us in a panicked state, after receiving a Notice of Licence Suspension from VicRoads. This is the first time that our client became aware that her partner had been accruing infringements in her name, with the total amount exceeding $68,000.

Our firm immediately filed a Person Unaware application and notified the Transport Secretary not to proceed with the licence suspension. All matters were put on hold and an application was made for the entirety of the infringements to be waived under the family violence scheme. Notwithstanding that there was limited supporting evidence – outside of a carefully and extensively prepared statutory declaration – the entirety of the infringements were waived under the scheme. This was an incredible outcome which our firm is very proud of, for a very deserving client.

Year: 2024

Our client was an international student working in Melbourne during the COVID lockdowns. In order to support himself, in circumstances where he could not return to his native country, he began working in sales for a large company which had a very active social culture. He was assigned to a manager, who began making sexual advances toward him both in the workplace and when out socialising. After a consensual sexual encounter between the manager and our client, after a night out drinking, the manager’s extra-marital encounter with our client was uncovered by his wife, who located nude photos sent to our client by his manager.

The manager then reported our client to the HR manager of the company for sexual assault and harassment and asked that our client be relocated from his team. However, as part of the HR policy, the company stood our client down from his position and reported him to police. Our client was greatly distressed and approached our firm for pre-interview advice and preparation. Ultimately, no charges were laid after it became apparent that there had been no criminal offence committed and that the manager had lied to HR in order to distance himself from our client, at the request of the manager’s wife.

As this case is unreported, our client cannot be named for legal reasons.

Year: 2024

Our client was charged with sexual offending against a teenager with whom he had a relationship when he was in his twenties. This occurred in the 1980’s and was only reported to Police in 2022. The investigation relied on the unclear recollections of the alleged victim and some diaries kept at the time.

The case was plagued with evidentiary issues due to the alleged victim’s lack of memory, particularly regarding particular dates where the offending was alleged to have occurred and the nature of each offence. Without specificity as to the nature and timing of alleged offences, it became impossible (particularly 30 years after the alleged offending) for our client to explore whether they might have an alibi.

This was significant as, in every case, a criminal accused has the right to defend themselves, which becomes increasingly difficult when the allegations are vague and undated. Due to how long it took for the complaint to be made, important evidence had been lost and the accused person was at a significant disadvantage to defend themselves. The prosecution withdrew all charges prior to trial.

As this case is unreported, our client cannot be named for legal reasons.

Year: 2024

Our client was charged with sexually assaulting a friend, with whom he had fallen asleep after a night out. It was alleged that the victim had woken up to our client groping her whilst he appeared to be in a groggy and half-conscious state. It was alleged by police that our client was conscious and actively sexually assaulting the alleged victim. Our office located a sleep specialist who conducted testing on our client and concluded that he had a sleep condition, which caused him to act out sexually in his sleep. After providing our report to the prosecution, the charge was withdrawn.

As this case is unreported, our client cannot be named for legal reasons.

Year: 2023

Our client was charged with sexual offending and an assault of a woman whom he had met at a party. Police started investigating the allegations some days after the party. Our client was interviewed, denied the offending and gave a record of interview to police that the sexual activity was consensual and that he had never assaulted her. There were a number of witnesses at the party and, after investigations by our firm, we were able to establish that the alleged victim was in an abusive relationship with a third party, which she did not disclose to police at the time that she made her complaint. By the time of the trial, the third party was in prison. We progressed the matter all the way to trial and a jury unanimously acquitted the accused of all charges.

As this case is unreported, our client cannot be named for legal reasons.

Year: 2022

Our client was 17 years old when he commenced a relationship with a girl he had met through mutual friends. The two did not go the same school but had a summer relationship, which turned sexual. After the relationship broke down and ended, the girl made allegations that our client had raped her during a night that she stayed at his house. Our client vehemently denied this. Due to his age, and the seriousness of the allegations, our client’s mother reached out to us for help. We commenced intensive pre-interview preparation and commenced investigations, which revealed that the girl had made previous allegations against boys at her school, which all turned out to be unfounded.

It can be very difficult for young people, particularly young men, to discuss their sexual encounters, particularly to police. Accordingly, comprehensive and age appropriate pre-interview advice is key. Our client gave a full account to police and gave them the names and details of witnesses who could assist in the investigation. After months of investigating, the police found that there was no case for our client to answer and now charges were laid against him.

As this case is unreported, our client cannot be named for legal reasons.

Year: 2021

Our client was 17 years old and alleged to have had non-consensual sex with a girl whom he had started dating during a break in COVID lockdowns. His parents were made aware of the serious allegation when they were served with an intervention order naming their son and then alerted to the situation by the child’s school. Their son denied that there had been any sexual intercourse. The police sought to interview our client and we commenced meticulous record of interview preparation with our client over the course of a number of afternoons.

Our client attended upon police and gave a full record of interview with his account, denying the offending and providing some further information in relation to alleged incident and issues that had arisen with the alleged victim. At the conclusion of the investigation, our client was not charged with any offending, the file was closed and he was able to move on with his life.

As this case is unreported, our client cannot be named for legal reasons.

Year: 2025

Alleged facts
In early March 2024, our client was charged with driving offences arising from an incident where two passengers of a Ford Falcon utility were sitting on top of the ute’s tray. When the car came to a stop, both passengers fell off. One hit their head and died shortly thereafter, and the other suffered some grazing.

The application
Our client is a refugee from a middle eastern country. We were instructed that when his father arrived in Australia almost a decade before him, he provided immigration with a birthdate that was two years earlier than our client’s true date of birth. At the beginning of the proceedings, the police filed the charges in the adult jurisdiction, as they believed our client to be 19 years old at the time of the collision. However, our client provided us with his original vaccination certificate, given to him by the hospital in which he was born and which his family had kept safe. We also obtained a recent letter from the Chief of the hospital confirming the vaccination certificate’s authenticity. These documents established that our client’s true date of birth made him only 17 years old at the time of the collision and therefore a child.

We made an application that the matter be transferred from the Magistrates’ Court to the Children’s Court pursuant to s 585(1) of the Children, Youth and Families Act 2005, which provides that if the Court considers that the accused is indeed a “child” accused or appears to be a “child” accused, it must transfer the proceedings to the Children’s Court for determination.

Mr Thomas Bell of Counsel appeared at the contested application. Our client’s mother and father both provided written affidavits, and his father gave evidence at the hearing.

Result
After the evidence and submissions on behalf of both parties, the Magistrate decided that our client was a child at the time of the collision. He did so by accepting the authenticity of the vaccination certificate and the letter signed by the chief of the hospital, as well as the evidence of our client’s father. The proceedings were successfully transferred to the Children’s Court for hearing and determination. This was important because the sentencing outcomes would have been very different for him in the adult jurisdiction if he were found, or plead, guilty.

As this case is unreported, our client cannot be named for legal reasons.

Year: 2024

Our client was working in rural Victoria for a large company. On the morning of the fatal collision, our client wok up feeling slightly unwell with a cold and, during the course of the day, began to feel increasingly unwell. He reported to his manager and the health officer assessed him, recommending that he go home and rest. The manager gave our client a company car in order to travel back to his accommodation. On the route between the rural work station and his accommodation, our client’s vehicle drove off the road and into a parked car which, unfortunately, contained a woman seated in the driver’s seat. She was killed instantly.

When Police and ambulance attended, our client was located lying on the side of the road and was air lifted to hospital. He was later interviewed and charged with dangerous driving causing death. After the brief of evidence was served, it was apparent from the medical materials that the client had developed a very high temperature around the time of the collision. The prosecution were unable to establish that this was not the cause of the collision, as opposed to dangerousness on the part of our client. Of significance was the fact that our client was cleared to drive by a health officer and sent home.

Unfortunately, it appears that our client’s temperature spiked and he lost consciousness at the precise time that he was crossing paths with the deceased. The charges were withdrawn and the prosecution of our client abandoned.

As this case is unreported, our client cannot be named for legal reasons.

VCC 1901″]

VCC 1901″]

Year: 2023

Our client was charged with two charges of dangerous driving causing death in a most tragic case. Shortly after Christmas in 2021, our client was driving with his pregnant wife and young daughter home to Melbourne from a visit in Adelaide with family.

As he was driving along the Western Highway, his vehicle veered into oncoming traffic colliding head on with the Kia containing the first deceased and her husband. The deceased died at the scene and her husband was severely injured. Our client’s wife also died as a result of the collision. The collision was entirely inexplicable. Our client had no prior criminal history, was not using his mobile phone, under the influence of drugs or alcohol, nor was he fatigued. The collision occurred in the mid-morning.

Our client was left as the sole parent of his young daughter, who was injured in the collision and left severely traumatised. Given that there were two deceased victims, the law dictates that (unless there are particular exceptions) individuals who plead guilty must be sentenced to a term of imprisonment. This would have been devastating for our client and his young child.

However, due to the tireless work of our office, who engaged experts, interviewed character witnesses, researched the case law and briefed experienced counsel, our client was spared a term of imprisonment and was instead convicted and sentenced to complete a community corrections order. It was a very emotional case and one that will stay with our office for a very long time.

DPP v Duhan [2023] VCC 1901 (18 October 2023)

VCC 566″]

VCC 566″]

Year: 2023

Our client was 25 years old and living in a rural community when he went for an early morning drive to take photographs of the dawn. The deceased was part of a riding club, who had travelled to the area to ride across the Great Omeo Road. As our was driving home, he began to feel fatigued. As he was about to pass the deceased, he fell asleep behind the wheel and collided with the deceased and his bike. The deceased died at the scene. Our client continued to drive, stopping to look back and saw that the deceased was being attended upon by members of the cycling group. In shock, he drove home.

Shortly thereafter police attended and our client made full admissions, telling the investigators that he was tired and thought he should pull over but wanted to continue home to rest. He fell asleep behind the wheel and awoke upon feeling and hearing the collision with the bike. In his shock, he continued driving.

Our client pleaded guilty at the earliest opportunity, having made full admissions. The judge found that, due to the seriousness of the offending, he was bound to impose a term of imprisonment. However, the judge acknowledged our client’s remorse, good character, the trauma that he had experienced from the collision, his significant community contributions and the utilitarian benefit he had afforded the community by not progressing the matter to trial.

The Court sentenced Mr. Sandy to a total effective sentence of two years imprisonment with a non-parole period of nine months, which was the duration that Mr. Sandy served before he was released.

Given the seriousness of the charge, this was a fantastic result for our client.

DPP v Sandy [2023] VCC 566 (4 April 2023)

Dangerous Driving whilst being pursued by Police and Burglary/Theft charges – 8 months’ imprisonment

Our client was no stranger to the criminal justice system, having extensive priors for driving matters, drug use and theft. He was charged with 73 charges of dangerous driving whilst being pursued by police, several instances of burglaries and thefts, handling stolen goods charges, arson and possession of drugs of dependence.

Our office was successful in negotiating a withdrawal of all burglary charges. Several other theft and driving charges were also withdrawn. At the Plea hearing, the Prosecutor commented that they had not had a matter with this many withdrawals and amendments to the charges!

As our firm was engaged at an early stage, we gave our client well-informed advice not to prematurely apply for bail. Having extensive experience in these sorts of matters, we knew that this matter would resolve to a plea of guilty on some of the charges, which would ultimately carry a term of imprisonment. Our client served six months prior to the Sentencing hearing, and he ultimately received a total effective sentence of 8 months’ imprisonment – with only two months left to serve on his sentence. This was significant, noting that our client was initially facing a term of imprisonment measured in years.

Given the seriousness of the charges, our client’s long-standing criminal history and his desire to move interstate immediately after his release from custody, this was an incredible outcome that secured our client’s ongoing freedom at the earliest possible opportunity.

Formal warning issued in place of a suspension for a Solar Victoria Retailer

Our client is a Solar Victoria Retailer participating in the Solar Victoria Program. Solar Victoria issued them with a Show Cause Notice, proposing to issue a twelve-month suspension from the program following findings of unsafe work practices and repeated non-compliance in six out of eleven audits. A suspension would have been crippling for our client, being a small business that was entirely reliant on solar installation work.

Our firm was engaged at the earliest possible opportunity and we worked closely with our client to update their safe work practices. Our firm prepared extensive written submissions and supporting material in support of our client’s position. The company ultimately received a formal warning in place of a suspension and became subject to audits for a period of six months. This meant that they were able to continue their operations with no impact whatsoever!

Year: 2024

Just prior to Christmas 2023, our office received a late night call advising that a young man was in custody having been arrested and charged for a number of violent offences, arising from a home invasion. It was alleged that this young man had attended a home, with his co-accused, to confront and assault a man who had been committing family violence against the mother of the co-accused. The alleged victim had been taken to hospital and had identified the offenders, who were also captured on CCTV.

Notwithstanding the seriousness of the offences, our office was able to negotiate the client’s release from bail from the Police Station to attend Court the next morning, where he was placed on Court bail. After a contested Committal, where the alleged victim was cross-examined, a plea deal was negotiated whereby the client would plead guilty to a much lesser charge. After a well-prepared plea hearing, a Judge in the County Court placed the accused on a community corrections order with no prison time.

As this case is unreported, our client cannot be named for legal reasons.

VCC 1199″]

VCC 1199″]

Year: 2023

Our client was charged with serious offences when he attended a home with two friends and violently assaulted the occupant in a very unfortunate case of mistaken identity. His case was plagued with delays due to the COVID-19 pandemic and, accordingly, by the time he was due to go before the Courts he was a very different person to who he was when the offending occurred. The charges he faced included a charge which required a significant term of imprisonment.

However, after our office was retained, we commenced intensive negotiations with the prosecution and were able to negotiate a deal which resolved the matters of both accused men (even though one of them was not our client). The outcome removed the mandatory prison sentence and both men were sentenced to community corrections orders with no additional prison time.

DPP v Awad & Anor [2023] VCC 1199 (11 July 2023)

VCC 848″]

VCC 848″]

Year: 2023

Our client was present at a home, in order to purchase and consume illicit drugs, when he was caught up in a kidnapping of a man who attended the property and was then kept there against his will. It was alleged that he was tied up at the property, and assaulted, in interrogation of a drug debt. Our client was alleged to have assisted to lock a door and keep the victim at the premises before he was able to escape. Our client had no prior criminal convictions and was severely drug addicted at the time.

We were retained after our client was remanded in order to apply for bail, which we did. We were successful and our client was released to live with his parents and enter into an outpatient drug rehabilitation program. The charges were serious however and involved a number of co-accused. There was CCTV and other evidence which placed our client at the home. However, notwithstanding the circumstances of the case, we were able to present a compelling plea and our client was placed on a community corrections order with no additional prison time ordered.

DPP v Munson [2023] VCC 848 (28 September 2023)

Year: 2022

Our client was alleged to have attended the home of the victim with a number of other men in order to retrieve items stolen from our client’s work site, including motor-cycles and valuable tools. The victim was a former employee of our client.

The evidence from the occupants of the home were that the intruders stormed into the property, to the victim’s bedroom, interrogated and assaulted him before retrieving the stolen goods and departing. Our client was charged and bailed. Due to the number of intruders, our client faced an almost mandatory prison term. However, there were a number of issues at Committal including the identity of the intruders and who, precisely, entered the home and then the victims bedroom.

After cross-examining witnesses at a Contested Committal, the charges against our client were withdrawn with no further proceedings.

As this case is unreported, our client cannot be named for legal reasons.

Intentionally Causing Injury charges – 12-month Community Corrections Order imposed

Our client was a 32-year-old male with an extensive criminal history. He was charged with Intentionally Causing Injury alongside a co-accused. The conduct was serious and involved the alleged use of a knife, samurai sword and nun-chucks over the course of a protracted assault.

Our client served four months in custody on this matter prior to coming to our firm. As soon as our firm was engaged, we ran a bail application and our client was successfully bailed to a residential rehabilitation program – noting that he had a long history of drug use.

In light of the intensive treatment that our client received whilst on bail, in combination with the time that he had already spent in custody, Natasha Poppen ran a Sentencing Indication hearing on the basis that our client had no knowledge of the knife produced during the assault. We argued that our client should receive a Community Corrections Order (‘CCO’) for an alternative charge of Recklessly Causing Injury. In support of this, we relied largely upon the remarkable progress our client had made in support of his rehabilitation whilst on bail and his extensive supports in the community. The indication was ultimately given by the Court and accepted by our client.

Notwithstanding that our client was deemed to be a high risk of re-offending and had a history of poor compliance with CCOs in the past, our client was sentenced to a 12-month CCO. The Order included drug and alcohol treatment, offending behaviour programs and supervision – all necessary components for our client’s ongoing rehabilitation.

Word-on-word assault case – all charges withdrawn

Our client was charged with assault-related conduct in the Ballarat Magistrates’ Court. Our firm sought a withdrawal of all charges on the basis that the Prosecution case had no reasonable prospects of success. It was a word-on-word case, with credibility issues arising in relation to the complainant, conflicting witness statements and a lack of medical material.

The Prosecution initially refused to withdraw the charges. Our firm progressed the matter to a Contest Mention hearing, where the issues in dispute were argued before a Magistrate. Ultimately, the Court agreed with our firm in relation to the weaknesses identified in the Prosecution. On this basis, the Prosecution agreed to withdraw the charges prior to a contested hearing. This incredible outcome was the result of extensive preparation and fierce advocacy on the part of our firm.

Year: 2024

Our client was a commercial solar photovoltaic installer. WorkSafe inspectors attended the workplace and observed three first-year apprentices performing solar installation on a second story roof, without adequate fall protection. In particular, there was no rail guarding in place and one worker was wearing a harness that was not attached to a secure anchor point. The fall risk was in excess of five metres.

Our client was faced with two charges:

1. Failing to provide or maintain for its employees a working environment that was safe and without risks to health (pursuant to s. 21(1) of the Occupational Health and Safety Act 2004 (‘the Act’)); and
2. Failing to provide supervision to employees (pursuant to s. 21(2)(e) of the Act); and

Our firm successfully negotiated a plea agreement with WorkSafe to Charge 1. Ms. Natasha Poppen of our office ran a strong and successful plea, and the client received a $9,000 fine without conviction.

In sentencing our client, the Court had regard to the early plea of guilty and the remorse demonstrated by our client, both through the plea and through their post-incident conduct. Without the early plea of guilty, the Court would have imposed a $25,000 fine.

Year: 2024

Employees working at height without fall protection – $10,000 fine without conviction

Our client was a solar photovoltaic installer. WorkSafe inspectors attended the workplace and observed employees working on a single storey roof installing solar panels, with no fall prevention devices in place. The three employees comprised a qualified and licensed electrician, a first-year apprentice and a second-year apprentice.
The Director was also present at the workplace and at the time of the Inspector’s attendance, was standing in front of a power board. Guard rails and harnesses were present on site and there was no fixing rope installed. All risks were remedied during the attendance.
There was also a previous WorkSafe involvement with the client, involving the same conduct.
The client pleaded guilty to one charge of failing to provide or maintain for its employees a working environment that was safe and without risks to health (pursuant to s. 21(1) of the Act). Ms. Natasha Poppen of our office ran a strong and successful plea, and the client received a $10,000 fine without conviction.

In sentencing, the Court accepted that our client was a good corporate citizen with no prior convictions, that the company is run by a hardworking man who employs a number of people, including apprentices, and that there was a proactive response by the client, including cooperation with WorkSafe. The Court also took into account the impact of a conviction on the company’s socio-economic prospects and longevity of the business.

As this case is unreported, our client cannot be named for legal reasons.

Our client was charged with Theft of a Motor Vehicle. She was located inside the stolen vehicle when apprehended by police. Notwithstanding this, our firm achieved a public interest withdrawal of the charge against our client prior to the first Mention hearing.

Our firm formed the view that a defence of mental impairment was available to our client, and that there was public interest in the withdrawal of proceedings. On this basis, we worked with our client to collect medical material relevant to a defence of mental impairment, and this was provided to the Prosecution in a summary case conference. We also took comprehensive instructions in relation to our client’s personal circumstances, noting that she was a single mother with a young child, that she had no prior involvement with the criminal justice system and that in all the circumstances, there was no public interest in a vulnerable woman with limited financial means to have to go through mental impairment proceedings in the Magistrates’ Court to receive a discharge. Ultimately, the Prosecution agreed, and our client was able to avoid the stigma of a criminal conviction and spared the time and expense of lengthy criminal proceedings.

Our client was charged with destroying evidence, knowing that it was likely to be used in legal proceedings. In the context of a workplace dispute, the alleged victim instigated a workplace relations complaint citing that he was being bullied in the workplace. He alleged that our client had deleted (and directed others to delete) a text message group chat, which he relied on as evidence. The charge required that the evidence was destroyed and, also, that the accused knew that the evidence was to be used in legal proceedings.

Bizarrely, in this case, the Police exhibited the message group chat to the brief of evidence, which clearly demonstrated that the chat had not been destroyed. However, the matter was complicated because of the rare nature of the prosecution and the manner in which the victim had instigated a number of different proceedings at the same time. The case had the potential for not only serious legal consequences, criminally, but also serious employment consequences for our client. Notwithstanding that the matter arose over the Christmas period, our office was able to negotiate a full withdrawal prior to the second court appearance, which secured our client’s legal rights in an expedient manner and without reputational damage or adverse employment consequences.

Our client was charged with several offences related to the possession of tobacco products under the Tobacco Act 1987 and the possession of Schedule 4 Poisons under the Drugs, Poisons and Controlled Substances Act 1981.

Our firm negotiated with police from the outset of the matter for a withdrawal of charges. Notwithstanding police eventually authorising a Diversion Notice, our position was that ultimately, the Prosecution case against our client could simply not be made out. Our client was a young man with no criminal history. Any involvement with the criminal justice system posed serious concerns around his visa status, in circumstances where he was planning to apply for permanent residency in the near future. We advocated for our client across several hearings, and were ultimately successful in having the Prosecution agree to withdraw all the charges against our client.

Our client came to us upon being contacted by police to attend for an interview. She was a young person who had no prior involvement with the criminal justice system and relevant mental health considerations. Rather than advising our client to make a ‘no comment’ interview, we provided her with comprehensive pre-interview advice and assisted her to give her version of events to police. Our client was charged with six charges of Obtaining Property by Deception under section 81(1) of the Crimes Act 1958. In this particular case, the charges were an unavoidable outcome. However, our advice resulted in a Diversion Notice being authorised by police on a single charge of Obtaining Property by Deception. Diversion was granted by a Magistrate, with no conditions attached. This was an excellent outcome that saw our client avoid the stigma of a criminal conviction for serious indictable offences.

Driving Whilst Disqualified – charge withdrawn

Our client was charged with Driving Whilst Suspended after being pulled over by police, which is when he was notified that his licence was suspended. We sought a withdrawal of the charge on the basis that our client had a defence of honest and reasonable mistake of fact.

In negotiations, we argued that our client was unaware that his licence had been suspended. We were able to provide evidence that our client’s licence plates had been cloned the year earlier, and he had received speeding fines and incurred demerit points for offences which he had not committed. A police report had been filed in relation to this, and our client informed Fines Victoria. We sought a withdrawal on the basis that our client had made extensive efforts to deal with the infringements which he did not accrue, having notified three separate bodies – Victoria Police, VicRoads and Fines Victoria. Our position was that he honestly and reasonably believed that these infringements were being dealt with and that his licence would not be suspended. On the date that he was pulled over, he honestly and reasonably believed that he was licensed to drive.

The police ultimately withdrew the charge against him at the first hearing. This was the result of early preparation and negotiations, meaning that our client did not need to expend significant funds arguing a defence and did not risk any interference with his driver licence.

Burglary and Theft charges withdrawn

Our client was charged with burglary and theft in regional Victoria. Our firm formed the view at an early stage that there were serious issues with the strength of the Prosecution case, having identified a number of gaps in the police investigation and weaknesses in relation to evidence of the eye witnesses. Accordingly, we wrote to the Prosecution and sought a withdrawal of all charges.

The Prosecution initially refused to withdraw the charges. Our firm progressed the matter to a Contest Mention hearing and a fulsome disclosure request was made. Having made the enquiries sought by our firm, the Prosecution ultimately agreed to withdraw the charges prior to the Contest Mention hearing. This incredible outcome was the result of comprehensive preparation by our firm, enabling us to get on the front-foot with negotiations and requiring police to turn their attention to whether or not they could prove their case.

WorkSafe prosecution of an individual – fine imposed

Our client was personally charged with Reckless Conduct Endangering Persons under the Occupational Health and Safety Act 2004 (Vic). It is incredibly rare for an individual to be charged under the OH&S Act, particularly for this sort of offending. It is much more common for companies to be charged by WorkSafe.

Noting that there was limited case law available for this sort of offending and no leading authorities, our firm briefed experienced Counsel at the earliest opportunity and commenced negotiations with the Victorian WorkCover Authority. We ultimately ran a Sentencing Indication hearing, where the Authority argued that a Community Corrections Order should be imposed. Our firm argued that a financial penalty was the appropriate outcome, as our client was a person of good standing in the community with absolutely no criminal history. Extensive material was prepared and filed on our client’s behalf in relation to his personal circumstances.

Our client ultimately received a $45,000 fine with conviction in the Moorabbin Magistrates’ Court. In sentencing our client, the Court had regard to:

• Our client’s impeccable personal circumstances, other than what occurred on the day of the offending;
• The utilitarian benefit of our client’s early Plea;
• Our client’s good character and excellent work history, with the Court accepting that the conduct was out of character; and
• The fact that a Community Corrections Order was within range (and indeed, would have been imposed if not for the early Plea), but a CCO was not the only necessary or appropriate sentence having regard to all the circumstances.