Domestic Violence: Police Protection Notice

Our client was served with a Police Protection Notice (PPN) and contacted Jean-Remi for advice.

Ater discussing the matter with the client it was decided to not consent to the PPN and go to trial.

Obtaining and reviewing the Body Worn Camera (BWC) and a full brief from QPS confirmed Jean-Remi’s initial understanding of the matter. The allegations did not add up, and again Police had relied upon the claims of the ‘aggrieved’ to issue a PPN.

In Court we called out the inconsistencies in the Police evidence (BWC and Police and aggrieved statements) and cross examined the Police Constable who issued the PPN. Additionally, we thoroughly supported our submissions to the Court that the required and necessary elements to grant a Protection Order were not made out.

In weighing up our submissions the Court dismissed the PPN, our client was exonerated and was able to continue his career in the ADF.

Being named as a respondent in a Protection Order has far reaching impact upon your life.  In this case, the clients continued employment in the ADF depended upon a dismissal of the matter.  He continues to enjoy a career in the ADF today.

 

Domestic Violence: Served with TPO 

Prior to seeking legal advice, our client was served with a Temporary Protection Order (TPO) as his ex-partner had filed what is known as a private application for a protection order.

Jean-Remi met with the client, obtained a copy of the application which was without any evidentiary basis at all. In reading the application and listening to the client, it quickly appeared to be an application based upon the need to manipulate our client by the ‘aggrieved’ solely as an act of vengeance.

Jean-Remi advised the client of the options available and was explained the DV process and likely outcomes.

Rightly so, the client instructed Jean-Remi that he wanted to contest the application. The matter went to trial, and it was submitted to the Court, supported by reams of evidence that the elements for a protection order were not met and that the application was no more than a desire of revenge, in short, a vexatious application by the ‘aggrieved.’

The application was dismissed.

 

Domestic Violence: Application for a Protection Order

The client had been in a de facto relationship for a short while and had ended the relationship. The ex-partner was in Australia on a temporary visa which was a week short of expiring just prior to the end of the relationship.

When the client ended the relationship, the ‘aggrieved’ filed an application with the Court for a protection order. She was advised by her lawyer that as she was in Australia on a temporary visa, that in filing a DV application the visa would be extended.

Jean-Remi was contacted by the client three days before the first Court appearance. He met with the client and quickly saw the vexatious application for what it was.

Wanting a rapid outcome for his client, the goal was to have the application dismissed on first mention for ’want of jurisdiction’.  Jean-Remi submitted to the Court that not only did the application lack any substance, but also the applicant was seeking to use the DV system to obtain a bridging visa as is provided by the legislation.

Fortunately, despite claims to the contrary by the opposing lawyer, the Court considered the well balanced and reasoned legal advocacy submissions of Jean-Remi, saw the DV application for what it was and dismissed the application instantly.

 

Breach of Domestic Violence order

In this matter it consisted of a former client who had been named as a respondent in Domestic Violence Protection Order (DVPO).

In communicating with his ex-partner in relation to the children, as was provided by the conditions of the Protection Order, he was accused of breaching the DVPO.

The client contacted us, and Jean-Remi immediately picked up on the fact that the statute of limitations (at that time) provided that the police had filed out of time but had insisted on prosecuting. This finer detail was bought to the attention of the Court. The matter was dismissed.

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Traffic law offences

Aggravated furious/reckless dangerous driving.

A young 21-year-old client had driven his new Audi up to speeds of 180 through the main streets of the city, running red lights and evaded police during a police pursuit. He lost control of the car and ended dup smashing into a tree. He decamped the scene and was picked up by police a few hours later, wandering in the streets.

The client was charged by police for Aggravated furious/reckless dangerous driving and contacted Jean-Remi a few days after. The client was facing a licence disqualification, nearly $50,000 fine and up to three years imprisonment.

After discussing the matter and personal circumstances of the client, it was clear there were some underlying issues to this behaviour. Further, this young man’s promising army career would have been taken from him if a conviction was handed down.

Jean-Remi explained the options and advised that rehabilitative measures were necessary. He enrolled in the traffic offenders’ program and in counselling sessions to address his troubles.

Six weeks later, the client had completed the traffic offenders’ program, had obtained favourable reports from his employer and the psychologist. Jean-Remi filed pertinent written submissions and appeared in Court to support those submissions with eloquent advocacy in the Court.

The Court handed down a conditional release order without conviction, no fine and a minimal 1 month driving licence disqualification.

The client was able to continue his career and is now serving as a young officer in the ADF.

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Drink driving BAC over 0.15 (second DUI offending) and careless driving.

The client contacted Jean-Remi after having been arrested by Police for crashing his car into a traffic light, whilst driving under the influence of alcohol (high range BAC)...it was not the clients first DUI.

Jean-Remi met with the client and gained the confidence and trust of the client which allowed to discuss to the real issues this client was facing in his life which were underlying factors in the charges before the Court.

Jean-Remi always takes the time to understand each client and underlying factors that may contribute to the alleged offending. Such is an important step to providing the best quality legal services to each client.

Jean-Remi explained the options and advised that rehabilitative measures were necessary. He enrolled in the traffic offenders’ program and counselling for underlying mental health issue he was experiencing.

Six weeks later, the client had completed the traffic offenders’ program, had obtained favourable reports from the psychologist.

At the next mention, Jean-Remi had filed pertinent written submissions addressing particular the mental health issues. He appeared in Court with the client to support those submissions with eloquent advocacy.

The Court appreciated the efforts made by the client to rehabilitate and address his mental health issues that were the reasoning behind his alcohol abuse.  

The outcome that day was a no conviction for both offences, no fine and a minimal 6 month driving licence disqualification.

Possession of drugs and drug driving

Possess prohibited drug and driving with an illicit drug present in oral fluid.

The client was 21 years of age, had an extensive history of driving offences and was on what is known as a good behaviour licence, having accumulated too many demerit points.  

He was pulled over by police and subjected to an alcohol and drug test. Unfortunately for him, the drug saliva test returned a positive result. Police searched his car and found drug apparel and a small amount of cannabis.  He was charged with possessing a prohibited drug and driving with an illicit drug present. The client was facing a potential of 2 years imprisonment, hefty fines and between 3 to 6 months driving suspension.

Jean-Remi met with the client and once cutting through the bull, got to the real issues this client was facing in his life.

Jean-Remi advised the client to enrol in the Traffic offenders’ program and drug counselling. The client didn’t think he needed to, however once Jean-Remi explained to him the advantages and benefits of doing so, plus the potential sentencing outcome if he didn’t, the next week the client was enrolled and commenced the course and counselling.

Four weeks later before the Court, Jean-Remi having filed detailed and pertinent written submissions backed his submissions up with eloquent advocacy in the Court.

The outcome that day was a conditional release order without conviction for both offences, no fine and a minimal 3 month driving licence suspension. That series of events had a positive effect on the client’s life as he turned his life around and later joined the ADF.  

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Sexual offences

Rape

Assisting a senior lawyer in an alleged rape case, the prosecutions and defence were commencing negotiations on sentencing in return for an anticipated guilty plea. However, having read the police brief, something didn’t sit right in this matter for Jean-Remi. Despite being then a junior graduate lawyer, he examined minutely all available evidence including police evidence and footage of the ‘scene of the alleged rape’.  It was here that Jean-Remi’s extensive life experience shone through. In reviewing the video footage, it appeared to Jean-Remi that it would have been physically impossible for the accused to have forcefully ‘carried’ up the stairs the ‘victim’ against her will and as she claimed, while she was ‘strongly resisting’.

Jean-Remi voiced his concerns to the senior solicitor who realised he had not considered the points raised by Jean-Remi and was in agreeance. However, when this was put to prosecutions it was not accepted and the matter continued to trial. In cross examination of the ‘victim’ and of the investigating police officer, the credibility of the prosecutions case came apart at the seams. Case dismissed.

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The above cases are a few examples of the successful outcomes achieved by Jean-Remi Campion.

Jean-Remi goes that one step further for his clients through employing his experience, knowledge, and determination to obtain the best outcome for his clients.

Contact Campion Legal on 04127 01234 or email campion@campionlegal.au