Results and News

Our client was charged with driving while impaired by drugs, an offence under the Road Traffic Act. The offence carries a penalty of a fine ranging between $1,700 and $3,750, and a statutory minimum driver’s licence disqualification period of no less than 10 months.

Elena White appeared at sentencing where our client entered an early plea of guilty to this charge. Elena made submissions to the Court regarding our client’s personal circumstances. The Court imposed the statutory minimum fine of $1,700 and the minimum driving disqualification period of 10 months.

 Elena also successfully made a spent conviction application for this charge at sentencing. Following submissions, the Court exercised its discretion to grant the application. As a result, our client’s conviction will not appear on their record.

Our client was charged with committing an obscene act in a public place, an offence carrying a maximum summary penalty of 12 months' imprisonment and a $12,000 fine.

Our client entered an early plea of guilty and, following submissions on penalty and personal circumstances made by Mr Sheehy, the Court imposed a modest fine.

Importantly, the Court also granted a Spent Conviction Order. This means that, subject to limited statutory exceptions, the conviction will not appear on most criminal history checks and does not ordinarily need to be disclosed.

Our client, a young man with no prior convictions, was charged with three counts of Sexual Penetration Without Consent contrary to s 325(1) of the Criminal Code (WA). Each offence carried a maximum penalty of 14 years imprisonment.

The allegations were firmly denied from the outset and the matter proceeded to a four-day jury trial in the District Court of Western Australia.

 From the moment he was retained, Mr Chris Sheehy remained committed to proving his client's innocence. Over many months, he undertook extensive preparation to ensure that every aspect of the prosecution case was properly tested and that all available evidence was identified and preserved.

Police Forced to Abandon Prosecution After Challenge to Phone Access Powers

Mr Sheehy recently travelled to Broome to represent a client at sentencing for charges of possessing a prohibited drug with intent to sell or supply (cannabis), together with possessing unlawfully obtained property, namely $5,000 cash alleged to be proceeds of crime.

The prosecution alleged that the client was in possession of just under half a kilogram of cannabis, which had been cryovac packaged and concealed within hidden compartments of a motor vehicle, together with a significant sum of cash. The circumstances were said to demonstrate serious commerciality, exposing the client to more serious sentencing outcomes.

Following submissions on the client’s behalf, the Court imposed fines only.

Importantly, serious penalties including a community-based order or term of imprisonment were avoided.

This represents an excellent outcome in the circumstances, particularly having regard to the significant quantity of cannabis and the indicia of supply.

Mr Sheehy recently represented a client facing trial on six criminal charges arising from an incident at a licensed venue, including allegations of assault, making threats, obstructing police, failing to provide personal details, disorderly conduct, and failing to leave licensed premises.

Our office recently represented a client charged with assaulting a public officer—an offence carrying serious potential consequences and the capacity to significantly impact future employment and opportunities.

Mr Sheehy engaged with the prosecution at an early stage to carefully scrutinise the evidence and the factual basis of the charge. As a result of those negotiations, the matter ultimately proceeded on a substantially amended and more accurate set of facts.

Following a plea of guilty, the Court imposed a modest fine. Importantly, the Court also ordered that the conviction be spent.

This represents an excellent outcome in the circumstances and highlights the importance of ensuring that charges proceed to sentence on a fair and properly confined factual foundation.

Mr Sheehy recently represented a client charged with assaulting a bus driver at Perth Airport, an allegation carrying potentially serious consequences.

From the outset, the defence case focused on identification. The prosecution was required to prove that our client was the person responsible for the alleged offending. On a proper analysis of the evidence, that could not be established.

Following trial, the Court entered a judgment of acquittal and awarded costs in our client’s favour.

This matter underscores the importance of scrutinising evidence and holding the prosecution to proof. Where the evidence does not establish the charge, an acquittal will follow.

Mr Sheehy recently secured an excellent outcome for a young client charged with reckless driving arising from allegations of dangerous “hooning” behaviour on a public oval, involving a passenger positioned on the bonnet of the vehicle.

Following targeted representations, the prosecution discontinued a more serious criminal damage charge. The client ultimately entered pleas to the remaining matters, with the Court imposing no penalty for the passenger-related offences and a short Good Behaviour Bond for the reckless driving charge. Importantly, a spent conviction order was granted for all offences.

This outcome avoided more serious consequences and reflects a considered and strategic approach to both negotiations and sentencing.

Mr Hofmann appeared in the Fremantle Magistrates Court in relation to a charge of failing to obey a move on order as directed by a police officer. Our client was fined $300 (suspended for a period of six months) and ordered to pay court costs. We were also sucessful in the application of a Spent Conviction.

We appeared for a client who was arrested in the Perth CBD after making ‘pig’ noises in the direction of nearby WA Police officers.

 The client was arrested, handcuffed, searched on multiple occasions — including a strip search — and held in custody. He was subsequently charged with providing false details and obstructing police.

 Mr Sheehy raised serious concerns with the Prosecution regarding the legality of the arrest and WA Police conduct and noted that the arresting officers had  not used their powers lawfully and proportionately.

 Following negotiations, the Prosecution discontinued the charges and the Court granted the client’s legal costs.

Our client represented by Mr Hofmann for a charge of no authority to drive, the client’s licence having been cancelled, was sentenced to the minimum fine and received a spent conviction.

Acting for a client, Mr Sheehy successfully secured the discontinuance of multiple serious charges under the Surveillance Devices Act 1998 (WA), together with a related stealing charge. On the eve of trial, following extensive preparation and robust discussions with police, the prosecution was discontinued for want of prosecution, with significant costs awarded in the client’s favour.

Acting for the accused, Mr  Sheehy successfully secured the dismissal of a charge under s 6(1)(b) of the Surveillance Devices Act 1998 (WA), alleging the visual recording of a private activity of a sexual nature. Following discussions with police and written representations on the client’s behalf, the prosecution was discontinued on the day of hearing. The charge was dismissed with costs awarded in the client’s favour.

Our client was charged with reckless driving and driving without authority following a serious crash. The client had recently accrued convictions arising from other similar incidents. After a plea of guilty, Mr Sheehy persuaded the Court to impose a modest fine, allowing the client to avoid both a Community Based Order and a potential term of imprisonment.

Our client was charged with stealing approximately $1,000 worth of retail products from a store. After entering a plea of guilty, Mr Sheehy persuaded the Court to impose a Conditional Release Order with a modest fine suspended on the condition that the client not commit further offences. The Court also granted a Spent Conviction Order, protect the client’s future employment opportunities.

Ms Dowling recently represented a client who had been charged with Dangerous Driving Causing GHB, Failure to Stop and Failure to Render Assistance.  Following negotiations, two of the client’s charges were discontinued and the remaining count amended to Careless Driving Causing GBH.  The client was sentenced to a fine of $4000 and disqualification of 12 months after Ms Dowling persuaded the Court that imprisonment was not appropriate. 

Mr Sheehy negotiated a favourable resolution for a client facing two stealing charges listed for trial in the Magistrates Court. Following negotiations, the prosecution agreed to substitute both charges with a single lesser offence of possessing stolen or unlawfully obtained property, with the facts amended to accurately reflect the circumstances. The client received a modest fine and court costs, and Mr Sheehy successfully secured a spent-conviction order. This was a highly favourable outcome achieved on the day of trial.