Results and News

Negotiating with prosecution to ensure charges accurately reflect the evidence is a critical part of criminal defence work.

Recently, a client came to us facing charges of Unlawful and Indecent Assault as well as Common Assault. Following a review of the prosecution’s evidence, Curt Hofmann held discussions with the police prosecutors regarding the appropriate charge.

As a result of those negotiations, the prosecution agreed to withdraw the indecent assault and common assault charges, replacing them with a single charge of simple assault.

Our client entered a plea of guilty to the simple assault charge. Following sentencing submissions by Curt Hofmann, the Magistrate imposed a $750 fine and granted a Spent Conviction Order, ensuring no permanent criminal record was entry-marked on standard police checks.

Our client faced a serious charge of assault occasioning bodily harm. Despite receiving a highly favourable plea offer from the prosecution, he trusted Mr Chris Sheehy’s advice, maintained his innocence and took the matter to trial.

 Chris was committed to proving his innocence and seeing the case through without compromise. Our client was ultimately acquitted and can now move forward with his life.

 We were proud to repay the trust he placed in us and achieve the right result.

Failing to provide a breath sample to police upon request and obstructing a public officer – statutory minimum penalties imposed and spent conviction awarded

Our client was charged with failing to provide a breath sample to police upon request and obstructing a public officer.

These charges carry significant penalties. Failing to provide a breath sample carries a financial penalty of $2,050 to $5,650 and a minimum driver’s licence disqualification period of 15 months. The charge of obstructing a public officer carries a maximum penalty of 18 months’ imprisonment and a fine of $18,000.

Following successful negotiations with Police to amend the facts of the charges, our client entered pleas of guilty to both charges at the first hearing.

Elena White appeared for our client at sentencing. The client received the statutory minimum penalty for failing to provide a breath sample, being a $2,050 fine and a 15-month driver’s licence disqualification. The client was also fined $300 for obstructing a public officer.

Ms White made an application for a spent conviction at sentencing, submitting that recorded convictions would have an adverse impact on our client’s employment. The Presiding Magistrate granted the spent conviction application, recognising the circumstances as an isolated incident and allowing our client to move forward without the convictions adversely affecting his employment.

Our client was originally charged in 2024 with seven serious criminal offences, including:

• three counts of being armed in a way that may cause fear, contrary to s 68(1) of the Criminal Code (WA);

• two counts of unlawful wounding, contrary to s 301(1) of the Criminal Code;

• one count of assault occasioning bodily harm, contrary to s 317 of the Criminal Code; and

• one count of making a threat to kill, contrary to s 338B(1)(a)(iii) of the Criminal Code.

 Our client firmly denied the allegations and maintained that he had been pursued, threatened and violently attacked by the complainants. He relied upon self-defence and emergency and denied using a knife or making any threat to kill.

Our client was charged with failing to leave licensed premises when requested and failing to provide their details to police.

 After reviewing the evidence, Mr Sheehy prepared detailed representations to WA Police seeking the discontinuance of both charges.

 The representations were accepted, and both charges were formally discontinued in the Perth Magistrates Court. Our client was discharged from all court and bail obligations, with no convictions recorded and no charges appearing on their national police check.

 This was an excellent outcome that brought the proceedings to an end without the need for a trial.

Our client pleaded guilty in the District Court of Western Australia to three offences of producing child exploitation material (CEM).

 Following detailed sentencing submissions prepared by Mr Sheehy and supported by expert psychological evidence, the Court imposed a term of imprisonment but ordered that it be conditionally suspended.

 The outcome allowed our client to remain in the community under supervision and continue providing essential support to their family.

Our client was charged with aggravated assault occasioning bodily harm and making an aggravated threat.

 After reviewing the evidence, Mr Sheehy prepared detailed representations to WA Police submitting that there were no reasonable prospects of conviction and that the prosecution should be discontinued.

 The representations were accepted, and both charges were formally discontinued in the Armadale Magistrates Court.

This was an excellent outcome for our client, bringing the proceedings to an end without the need for a trial.

Our client was charged with driving under the influence of alcohol (exceeding 0.05g per 100ml of blood).

 They had three prior convictions for drink driving offences.

 Elena White appeared at sentencing for our client at the Joondalup Magistrates Court.

 The court imposed the statutory minimum penalties of a $1,250 fine and a driving disqualification period of 8 months.

Our client was charged with two counts of driving without a valid driving licence. 

 He had 7 prior convictions for this offence and an extensive traffic record. 

 Driving without a valid licence under the Road Traffic Act carries a penalty of a fine between $1,000 and $4,000, and an imprisonment term of 18 months. There is also a minimum disqualification period of 9 months.

 On 6 May 2026, Elena appeared at the Armadale Magistrate Court, where our client pled guilty to the charge and was fined $1,200. The court disqualified our client from obtaining a driver's licence for 9 months. 

 On 7 July 2026, Elena travelled to Albany to appear for our client's second sentencing hearing. He was fined $1,400 and was disqualified from driving for 9 months which is to be served cumulatively on his previous disqualification period. 

 This was an excellent outcome for our client. Given his extensive traffic record, the Magistrates at both sentencing hearings considered imposing a suspended term of imprisonment. Our client avoided a term of imprisonment and instead received modest fines and the minimum period of disqualification.

Our client appeared in the Perth District Court for a trial before a jury on 2 counts of sexual penetration of two children, which were alleged to have occurred some 30 years earlier.  Katherine Dowling represented our client and at the conclusion of the trial, the jury delivered unanimous verdicts of not guilty to both counts. 

The charges were extremely confronting for our client and his entire family.  Ms Dowling ensured, throughout the process, that the client and his family were informed and supported. 

This case demonstrated that when Ms Dowling appears at trial, she is always fully invested in the case.  She combines meticulous preparation with genuine care, and an unwavering determination to secure the best possible outcome.

Our client appeared in the Perth District Court for a trial before a jury on two counts of sexual penetration of an ex-partner.  Katherine Dowling represented our client and at the conclusion of the trial, the jury delivered unanimous verdicts of not guilty to both counts. 

Our client appeared in the Perth District Court for sentencing after pleading guilty to charges of producing and possessing child exploitation material. Following submissions by Katherine Dowling, the Court was persuaded to impose a 12-month term of imprisonment, conditionally suspended for 12 months. Securing a suspended sentence was an exceptional result, highlighting that proper preparation can successfully avoid immediate imprisonment, even in serious matters.

Our client applied to the District Court to lift a lifetime driver's licence disqualification. Despite opposition from the Department of Transport, Katherine Dowling successfully argued the case and secured the order. Thanks to this outstanding result, our client can now reapply for his licence and move forward with his life and family.

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.