Trial abandoned; Being armed to cause fear and threat charges discontinued; defence costs awarded

Our client was charged with Being Armed to Cause Fear and a Threat to Unlawfully Do an Act, and Possession of Firearms, Possession of Ammunition, Possession of a Prohibited Weapon (Knuckledusters) and DUI x 2 (Methamphetamine and Cannabis).

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Our client put their version of events forward which was at complete odds with what was alleged by the WA Police. Our client had already been in custody for 4 months when we were engaged as bail was refused on the more serious charges of Being Armed to Cause Fear and a Threat to Unlawfully Do an Act as they involved allegations of ‘family violence’, it was alleged our client aimed a firearm at their former partner who was pregnant with a threat to use it.  

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We sought targeted disclosure and upon review was of the opinion that the evidence collected to date was insufficient to prove the Being Armed to Cause Fear and a Threat to Unlawfully Do an Act charges to the required standard, being beyond a reasonable doubt.

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We made submissions to the WA Police requesting that they discontinue those charges given there were no reasonable prospects of securing a conviction. The WA Police Force refused to discontinue the charges which meant our client remained in custody. We maintained our position and reiterated to the WA Police Force our request 2 months prior to the Trial date and sought a review.

 

The WA Police Force with the Trial date approaching accepted the submission and agreed to discontinue the charges. We had the matter early listed, where we sought our client be given bail on his remaining charges, which was granted by the Magistrate, and the Trial dates were vacated, with our client being awarded costs. This allowed our client to return to the community whilst his remaining matters were dealt with which resulted in fines.