Criminal Law

Types of driving under disqualification / suspension offences include: Driving under a Court imposed Suspension, Driving under a Fines Suspension, Driving Under a Demerit Point Suspension.

Some offences are penalised with mandatory cumulative disqualification periods.

Obtaining the right legal advice is very important, particularly in circumstances where there have been prior convictions for drink driving or driving whilst disqualified because the penalties become more severe with relevant prior convictions and can include imprisonment. We can advise you about whether there is a defence available to your charge, whether there is a risk of imprisonment if convicted, the minimum period of disqualification imposed for the offence and what the likely outcome would be if convicted of the charged offence.

If you have lost your driver’s licence, we can assist you to apply for an extraordinary drivers licence if you need a licence for work.

The court cannot grant you an extraordinary drivers licence if you are disqualified because of a demerit point suspension or for breaching a “double or nothing” good behaviour election.

We represent people who have been charged with Criminal offences, including:

• assault offences
• breaching Violence Restraining Order
• break and enter/burglary Offences
• drug offences – cultivation
• drug offences – cultivation, possession, sell/supply, dealing
• indecent dealing offences
• robbery
• sex offences
• stealing/fraud offences

We can advise you in relation to sex related charges which range from cases of non-consensual sex to indecent assault, indecent dealing with an under age person or a relative, and to accessing, distributing and possessing child pornography.

We can also help you with Bail Applications so that you do not wait in prison for your case to be heard.

Drug offences can range from simple possession of a prohibited drug, possessing a prohibited drug with intent to sell or supply, cultivating/growing a prohibited drug, conspiring to sell/supply a prohibited drug and trafficking quantities of prohibited drugs. The level of seriousness of the offence varies according to the weight or quantity of the drug because the quantity may give rise to a presumption that there was an intent to sell or supply the drug. Alternatively, the circumstance in which a person is caught in possession of drugs can lead the police to conclude that the person has an intent to sell or supply the drug. Commonly these situations arise where the drugs are found in deal bags, the existence of scales, amounts of cash and lists of monies owing by people.

The presence of DNA and possible explanations for DNA on items by transfer can be significant issues in defending drug charges.

Convictions for certain drug offences can result in confiscation of your assets. It is very important that you lodge any objection to a freezing order within strict time limits. Failure to object to a freezing order can result in the automatic confiscation of your assets, regardless of how they were obtained.

Frichot and Frichot Lawyers can advise you in relation to all assault related charges which can range from common assault to more serious cases of assault occasioning bodily harm, grievous bodily harm, or endangering the life, health or safety of another.

An assault is essentially an application of force to another without consent. However, an accused person does not necessarily have to come into physical contact with the victim to constitute an assault.

Defences which may arise to an assault charge include:

• that the victim is not being truthful about what occurred
• that the victim is mistaken or incorrect
• the victim has failed to properly identify the accused as the person who offended
• accident
• self-defence or defence of another
• the accused had acted under duress
• provocation

A restraining order is an order of the court which tells the offender to stay away from a person and/or to stop behaving in certain ways towards a person. The order is designed to stop threats, violence and emotional abuse from occurring immediately in the future. It tells the offender to stay away from a person and/or to stop behaving in certain ways towards a person.

Essentially there are two types of restraining orders: The first involves a situation where the person protected by the order is in a family or domestic relationship with the person against whom the order is made. The second involves a situation where the person protected is not in a family or domestic relationship with the person against whom the order is made, but where the court finds that there has been an act of abuse or personal violence committed against the person seeking to be protected and is satisfied that such an act of abuse or personal violence is likely to occur again in the future unless the person is restrained.

Misconduct Restraining Orders can also be made where violence or threat of violence is not present but misconduct is.

Frichot & Frichot Lawyers act for both applicants and defendants in VRO and Misconduct Restraining Order matters. To ensure that you are given the correct advice from the outset and that your case is properly managed through the court process call us today. We have the experience to give you the best possible advice and explanation of the law.

Recent changes to the law can mean a presumptive penalty of automatic imprisonment for three breaches of an order within 2 years. It is especially important to get legal advice when there are multiple charges of breaching a restraining order.

If you are convicted of a criminal offence, you will normally get a criminal record.

The law in Western Australia provides that an application can be made to the court for a conviction to be spent immediately after sentencing. Under these circumstances, the offence is not recorded as a conviction. Under the Sentencing Act WA, a court sentencing an offender is not to make a spent conviction order unless –

1. it considers that the offender is unlikely to commit such an offence again; and
2. having regard to –
   1. the fact that the offence is trivial; or
   2. the previous good character of the offender,

it considers the offender should be relieved immediately of the adverse effect that the conviction might have on the offender.

If you intend to plead guilty to a charge, the earlier you plead guilty the better. The Sentencing Act provides that the court can give a discount of up to 25% on a sentence where the guilty plea is made as soon as practicable.

Frichot & Frichot Lawyers can help you decide whether it is in your best interests to plead guilty early and maximise your penalty discount.

Under the Sentencing Act WA, a sentence of imprisonment is a sentence of last resort and a court sentencing an offender must not impose a sentence of imprisonment unless no other sentence is appropriate for the protection of the community.