Past Cases

When an assault occurs in a public place, police will often lay a charge of affray instead of assault. This is significant, because the maximum penalty for affray is 10 years imprisonment, compared to 2 years for common assault.

However, even though you might be guilty of affray, it is important to speak with an experienced criminal lawyer to understand your options.

Recently, police charged our client with affray following a fight in a nightclub. The incident was captured on CCTV footage, and the case against our client was strong.

However, Zoe spoke with our client in detail to obtain his instructions. She then closely analysed the CCTV footage. This allowed her to write representations to police, outlining a number of reasons why police should withdraw the more serious charge and replace it with common assault.

Police agreed to withdraw the affray charge. Instead, they proceeded with a common assault charge only.

No Conviction for Common Assault

As a result of committing the assault, our client was in breach of 2 conditional release orders. This meant the court would need to deal with these two previous charges, in addition to sentencing him for the new offence. As a result, our client was facing a conviction for all 3 charges.

Zoe worked closely with our client to prepare persuasive subjective material for our client’s sentence. This included character references, a letter of remorse and medical documents.

At Court, Zoe was able to convince the magistrate to not take any action on the two bonds. In addition, the magistrate agreed to not record a criminal conviction for the common assault.

Instead, our client received a conditional release order, with a condition that he be of good behaviour for 12 months.

We Can Help

If you are required to attend court in Newcastle for assault, it is important to have an experienced criminal lawyer by your side.

Call us today on 0421 700 497 to arrange a FREE initial consultation.

Refusing to submit to a breath analysis from police is a serious offence. In fact, it carries the same penalty as High Range PCA. Therefore, most drivers will receive a criminal conviction, disqualification of their licence and a lengthy interlock order. This is the outcome our client received when he was sentenced at Newcastle Local Court.

Preparation for Appeal

Our client retained Zoe Whetham to lodge an appeal against this sentence. Despite the fact only 4% of offenders avoid a criminal conviction for refusing a breath analysis, our client was hopeful for this result. This was because a criminal record would result in him losing his job. In addition, his licence was crucial for his work and to support his family. However, our client knew the outcome he wanted was not likely.

Zoe took detailed instructions from our client. She then worked with him to prepare evidence to support the ultimate submission that no conviction should be recorded.

The appeal was heard last week at Newcastle District Court. Zoe provided evidence to the Court, and made persuasive submissions to the Judge.

The Prosecutor objected to a non-conviction, due to the seriousness of the offence and the prevalence of drink driving within our community.

However, after considering the material and submissions made by Zoe, the Judge allowed the appeal.

Appeal Allowed

The District Court quashed the Orders of the Local Court. Instead, the Judge imposed a conditional release order without conviction. This means our client does not have to pay a fine, he does not have his licence disqualified and most importantly, he has not been convicted of the offence.

Feedback from Our Client

Our client was extremely happy with this result, and sent through the following feedback:

Zoe, thank you very much for providing me with this outcome. What an immeasurable blessings to have encountered you. Your commitment, accuracy and timely interventions satisfied me well before the appeal. Thank you forever. 

We Can Help

If you need an experienced traffic lawyer in Newcastle, we are here to help.

Call us now for a FREE initial consultation on 0421 700 497.

There is a high risk of receiving a penalty of imprisonment for dangerous driving occasioning grievous bodily harm. If you are under the influence of drugs or alcohol at the time of driving, the chance of jail for dangerous driving increases.

Recently, Zoe was able to ensure our client avoided jail for a dangerous driving charge, by making a number of strategic decisions throughout the matter.

Case Background

Our client had been charged with dangerous driving, while under the influence of alcohol. Police also alleged that he caused very serious injuries to the victim. Accordingly, our client was facing a maximum penalty of 7 years imprisonment.

Our client met with Zoe shortly after he was charged. Zoe listened to our client’s instructions and provided him with detailed advice on the charge and his options.

Zoe then made a number of strategic decisions to ensure our client received the best possible outcome. These included:

• Ordering the brief of evidence from police
• Speaking with independent witnesses
• Identifying the weaknesses in the police case
• Negotiating with police and the prosecutors

The Result

Negotiations with the prosecution were successful. Zoe was able to convince police to withdraw the dangerous driving charge, and replace it with a charge that carried a maximum penalty of only 9 months imprisonment. As a result, our client pleaded guilty to a much less serious charge, which meant that he would likely receive a less serious penalty.

Zoe then prepared a strong subjective case for our client by collating positive references, reports, records and other documentation. In court, Zoe made submissions to the magistrate about our client’s positive character, his remorse and his rehabilitation. Ultimately, the magistrate imposed a good behaviour bond.

Due to the high likelihood of receiving a term of imprisonment when he was first charged, our client was grateful for Zoe’s dedication to his case.

We Can Help

If you are concerned about receiving jail for dangerous driving, speak to our Expert Criminal and Traffic Lawyers.

You can arrange a FREE initial consultation today by contacting us on 0421 700 497.

Our client was recently found not guilty of larceny.

Police alleged that our client stole a handbag worth $1,500 from a restaurant, where she was having dinner with friends. Our client told police that she took the handbag by mistake. However, police still charged her with an offence that carries a maximum penalty of 5 years imprisonment. The prospect of a criminal conviction for a serious offence made our client extremely anxious.

Preparing Our Client’s Case

Zoe worked with our client to build a strategic defence case.

First, she took detailed instructions from our client and provided tailored advice. Following this, we entered a plea of not guilty and ordered the brief of evidence.

After receiving the evidence, we reviewed our strategy. Additionally, we obtained other evidence that would support the defence case by issuing subpoenas and speaking with witnesses.

The matter then proceeded to a hearing in the Local Court. Zoe cross-examined the police witnesses, and called evidence from a number of defence witnesses.

Outcome: Not Guilty

Ultimately, Zoe was able to convince the magistrate that the prosecutor had not proved the elements of the offence. Specifically, the prosecutor had not established that our client had an intention to permanently deprive the owner of the handbag.

As a result, the magistrate found our client not guilty of larceny.

We Can Help

If you believe you are not guilty of an offence, it is important you receive quality legal advice and representation.

As a result of years of experience specialising in criminal law, our lawyers are able to implement effective strategies to ensure our clients receive the best possible outcome. We provide a premium service, with a focus on keeping you involved and informed.

If you are finding the court process confusing, or you wish to understand your options, contact us on 0421 700 497 to book a FREE initial consultation.

Our 23 year old client was charged with supplying 21 capsules of MDMA (3,4-Methylenedioxyamphetamine).

It was their first criminal offence. They were extremely anxious about the charge and how it could impact their future.

Our Strategy

We helped to put our client at ease, by explaining the charge and court process. We then put in to place a strategy to achieve the best possible outcome.

Firstly, we took detailed instructions from our client. As a result of these instructions and the police evidence, we were able to negotiate for the Drug Supply charges to downgraded to Drug Possession. As a result, the maximum penalty decreased from 15 years imprisonment, to 2 years imprisonment.

Secondly, we implemented a strategy to build a strong subjective case for our client. This involved referring them to programs, obtaining relevant reports and character reference material.

Finally, we prepared persuasive written and oral submissions to present in court.

The Result – No Conviction for Drug Possession

Ultimately, we were able convince the court to not impose a criminal conviction. Instead, our client received a Conditional Release Order without conviction.

The only condition is that they be of good behaviour for 18 months. Importantly, this means that the charge won’t show up on a criminal record check in the future.

The above preparation, combined with our experience, was vital to ensure our client received this result. This is because drug possession charges usually result in a conviction, due to their prevalence in society. A conviction is even more likely when there is a larger quantity of drugs, as opposed to 2 or 3 capsules.

We Can Help

As experienced drug possession lawyers, we are dedicated to your result. We build strong and persuasive cases, to get you the best possible outcome.

Contact us today to arrange a FREE INITIAL CONSULTATION – 0421 700 497.

Last week, our client was able to get his licence back following a successful licence suspension appeal at Newcastle Local Court.

Provisional licence holders can find themselves with their licence suspended very quickly. This is because P1 drivers hold only 4 demerit points. For P2 drivers, this increases to 7 points.

When these demerit points are exceeded, the RMS sends out a ‘Notice of Suspension’. This notice will advise the driver that as a result one or more traffic infringements, their licence will be suspended for 3 months unless an appeal is made to the Local Court. Click here for more information on appealing an RMS licence suspension.

Our Client’s Case

Our client came to us after losing his licence for committing one speeding offence as a P1 driver. However, he had only held his driver’s licence for 3 months prior to committing this offence. As a result, the chances of a successful appeal were slim, due to the Court’s concerns about young drivers being unsafe on our roads and ensuring they endure some punishment.

After conferencing with our client and his family, we identified the strong subjective features of our client’s case. We then worked with our client, to prepare these arguments to present to the magistrate in court. This included preparing evidence and supporting documentation.

In Court, Zoe Whetham presented our client’s case to the magistrate. Through persuasive submissions, our client had the appeal allowed, and the 3 month suspension completely lifted.

This meant that instead of serving a 3 month suspension period, he was able to keep his licence and continue driving.

We Can Help

We’re committed to ensuring you get the best possible outcome for your case. Call us now to arrange a FREE initial consultation – 0421 700 497.

Since the introduction of the Guideline Judgment for Drink Driving in 2004, NSW courts have taken a strong approach to drink driving offences. In particular, mid range and high range drink driving, where it is extremely difficult to avoid a conviction.

However, last week we successfully obtained a section 10 non conviction for mid range drink driving for our client.

Our client came to us feeling anxious about receiving a conviction, and stressed over the impact of losing his licence. His job relied on him being able to drive a car. In addition, he was planning to obtain a new role in the near future. As a result, a criminal background check would be conducted.

Zoe worked closely with our client to present a strong case to the magistrate. This involved taking the time to understand our client’s unique personal circumstances, and answer any questions he had. We also provided quality advice regarding the steps he could take to increase the likelihood of having no conviction recorded.

In court, Zoe presented the magistrate with subjective material on behalf of our client. In addition, she made persuasive submissions as to why no conviction should be recorded. As a result, our client did not lose his licence, he did not have to pay a fine or take part in the interlock program and most importantly, he did not receive a criminal conviction.

We can help

As experienced drink driving lawyers, we’re committed to helping you get the best possible outcome.

For FREE ADVICE on how we can help you, call us on 0421 700 497.

Yesterday, our client was found not guilty of 18 charges, following a 4 week jury trial before Sydney District Court.

Zoe has been by our client’s side for the past 3 years since the criminal charges were laid. This morning, she received the following feedback:

Words can not fully express the gratitude I owe Zoe. Three years ago I was charged with horrific offences and I was an absolute mess. From that day on, Zoe has been by my side, fighting for me, for justice and ultimately my freedom.

Zoe is the most professional, organised, personable and empathetic lawyer I have ever met. She is relentless in ensuring that her clients get the very best advice and representation. She counselled me every step of the way throughout two harrowing trials and was unwavering in her support and belief in me.

Zoe and her amazing team ensured that I was afforded exceptional defence at every court appearance. She shielded me from media attention and touched base regularly to keep me updated. I always felt comfortable talking to Zoe about my case, its intricacies and my fears for the worst.

Because of Zoe, I received justice. I can be a mum to my children and I get to breathe free air every morning. I will never be able to thank her enough for everything she has done for me and my family.

I can not recommend W & Co. Lawyers enough. If you find yourself in trouble, Zoe is the one you need in your corner.