Extortion charge downgraded; imprisonment avoided on 3 x high range DUI offences and Home Burglary

Our client was charged with Extortion which has a maximum penalty of 14 years’ imprisonment and must be tried in the District Court with a jury. Following our review of the charge and successful submission to WA Police that the charge was defective, WA Police downgraded that charge to a Threat which has a significantly lower maximum penalty (i.e., 3 years imprisonment) and was resolved expeditiously in the Magistrate’s Court.

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Our client was also charged with Home Burglary, Stealing, Criminal Damage, DUI x 2 (high range) and Excess 0.08. WA Police alleged conduct our client denied (e.g., damage to a bed, stealing a wallet and a quantity of cash).

 

We requested targeted disclosure and successfully outlined evidentiary issues with establishing the alleged conduct, which led to their removal from the Statement of Material Facts.

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It was our client’s fourth high range DUI, and so immediate imprisonment was going to be the inevitable sentencing outcome. We recommended that the client engage in extensive counselling to deal with the issues that gave rise to the offending and complete a 12-week educative program on alcohol misuse, which they did.

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At sentencing, we successfully argued for the Magistrate to impose an Intensive Supervision Order (ISO), the mandatory minimum fines and the minimum driver’s licence disqualification periods, by making extensive submissions on our client’s personal circumstances and the unique set of factors that gave rise to the offending.

 

Our client avoided jail, was able to remain in the community and continue their rehabilitative efforts.

Our client also avoided orders for reparation of the damaged property, Court costs ($1,069) and ChemCentre analyst fees ($2,180) and was ecstatic with the outcome.