News and Media

Recent Criminal Case results:

Craigie man being prosecuted for sexual penetration of a child under the age of 13 and indecent dealing with a child under the age of 13 - NOT GUILTY

Duncraig man charged with sexual penetration ( of his wife) without consent - NOT GUILTY

North Perth Man charged with assault occasioning bodily harm - NOT GUILTY

South west man charged with breaching a violence restraining order - CHARGES DISCONTINUED

Lansdale man facing Sexual penetration of a child under the age of 16 prosecution - NOT GUILTY

Fremantle Man facing Child exploitation charges - CHARGES DROPPED

Man charged with possession of child pornography/ child exploitation material - NOT GUILTY

Northern Suburbs man charged with Sexual Penetration of a Child under 16 - NOT GUILTY ON 13 CHARGES

Perth Woman charged with possession of Psyclobin (Magic Mushrooms) with intent to sell/supply - CHARGES DROPPED

Southern Suburbs man charged with importing ecstasy - NOT GUILTY

Perth man alleged to be part of a race hate group called Combat 18 facing serious charges and fines of up to $25,000 in relation to a mosque shooting in Queens Park walks away with only a fine while his co-accused facing similar charges and was given a seven-month jail sentence

Western Suburbs Woman charged with assaulting a Public officer - CHARGES DISCONTINUED

Northern Suburbs man facing Fraud and Corruption charges - CHARGES DISCONTINUED

Northern Suburbs Public officer facing Corruption Charges - CHARGES DISCONTINUED

Midland man charged with dangerous driving and Criminal Damage - ACQUITTED

Perth Man facing Domestic Assault charges - CHARGES DISCONTINUED

Perth man facing Aggravated Bodily harm charges - ACQUITTED

Northern Suburbs man charged with Possession of Explosives - CHARGES DISCONTINUED

Transit Officer charges with Corruption offences - CHARGES DROPPED

Geraldton Man facing sexual penetration charges in relation to a child under 13 - CHARGES DROPPED

Helena Valley youths charged with hooning and dangerous driving causing grievous bodily harm - ACQUITTED

Canning Vale man charged with Depravation of Liberty - CHARGES DROPPED

Perth man charged with unlawful wounding in relation to a stabbing incident - NOT GUILTY

Rockingham man charged with Reckless driving - NOT GUILTY

Southern Suburbs man charged with Dangerous driving causing serious injuries - DOWN GRADED TO CARELESS DRIVING

Western Suburbs woman charged with multiple aggravated assault charges - NOT GUILTY

A Bunbury man who had his dangerous goods security card revoked due to allegations of unlawful associations with an outlaw motorcycle club - LICENCE REINSTATED

A southern suburbs man charged with Burglary and Stealing - CHARGES WITHDRAWN

Southern suburbs man charged with indecent dealing with a lineal relative - NOT GUILTY

Coolbellup man facing assault charges in relation to a pub brawl- NOT GUILTY

Rockingham man facing assault charges in relation to a fight outside of a nightclub – NOT GUILTY (Despite the fact that all three of his co-accused were convicted)

Northam man charged with assault occasioning bodily harm due to alleged domestic violence - NOT GUILTY

Ocean Reef man facing charges in relation to a road rage incident - CHARGES DROPPED

Eastern Suburbs youth charged with criminal damage - CHARGES DROPPED

Burns beach woman facing charges for driving while under licence suspension - CHARGES DROPPED

Hillarys man facing disorderly conduct charges - CHARGES DROPPED

North West youth charged with sexual penetration of a child under the age of 13 and sexual penetration of a child under 16 - CHARGES DROPPED

North West Man charged with possession of child pornography - NOT GUILTY

Perth man charged by federal police for using a carriage service ( the internet) to access child pornography - CHARGES DROPPED

Perth man facing driving without a valid licence charges - NOT GUILTY

Southern Suburbs Woman facing Wilful murder charges ( with an overwhelming case against her) had her charge negotiated and as a result - CHARGE SIGNIFICANTLY DOWNGRADED (No trial required)

Spearwood man charged with driving under suspension - NOT GUILTY

Southern Suburbs man charged with aggravated sexual penetration - NOT GUILTY

Perth man facing several charges for with stealing from his place of employment - NOT GUILTY

South West man, who has been charged with multiple sex-related offences against minors in his care - NOT GUILTY

Joondalup man charged with possession of methamphetamine with intent to sell - NOT GUILTY

Warwick man charged with possession of a bottle of dexamphetamine with intent to sell - CHARGES DROPPED

Northern Suburbs man charged in relation to several offences under the “hoon laws” - NOT GUILTY

North West man charged with numerous counts of sexually penetration and indecent dealing against a child under 13 - NOT GUILTY

Armadale man charged with stealing from a construction site - NOT GUILTY

Western Suburbs man charged with assault in relation to an alleged domestic violence incident - NOT GUILTY

Perth man charged in relation to a number of speeding offences - NOT GUILTY

North West man charged with assaulting a police officer - NOT GUILTY

Perth man charged with several stealing offences including fraud - NOT GUILTY

Willagee man facing dangerous driving charges in relation to a motor vehicle accident - NOT GUILTY

Southern Suburbs man facing DUI charges - NOT GUILTY

Perth man facing grievous bodily harm charges in relation to a “ one punch” death under the new (tough)  “one punch” laws - NOT GUILTY

Beeliar man charged by federal police for alleged possession of Child Pornography - CHARGES DROPPED

Two Rocks man facing grievous bodily harm  and other charges in relation to a domestic incident - NOT GUILTY

Coogee man facing charges for Conspiracy - CHARGES DISMISSED

Maida Vale client charged with stealing a motor vehicle whilst under the influence of drugs - NOT GUILTY

Coogee woman charged with Assault occasioning bodily harm - NOT GUILTY


Media:

No bail for Carnarvon murder accused

A CARNARVON man who was attacked in prison by the relatives of a man he is accused of killing has lost his application for bail.

Roderick Phillip Pearce, 40, has spent the past five months on remand in Casuarina Prison after being charged with the murder of 27-year-old Shannon Chubby earlier this year.

The matter is due for mention in September, however his lawyers lodged an application for bail after the 40-year-old claimed he feared for his safety following an assault in May.

Pearce claimed he was beaten and threatened by two mean claiming to be relatives or friends of Mr Chubby.

The 27-year-old died following a violent street incident in Carnarvon on February 6.

Pearce was originally charged with grievous bodily harm but that was later upgraded following a post-mortem examination. Today, his application for bail was dismissed in the Supreme Court.

His lawyers [Curt Hofmann & Co] had argued their client should be released on the grounds the prosecution case against him was "circumstantial".

They also argued there was a genuine risk he would be attacked again and that of his family were also under threat.

However the prosecution argued it had a signed affidavit from a senior detective who, while acknowledging there were real concerns about the accused's safety in prison, felt he would be more at risk in the community.

In handing down his decision Justice John McKechnie said that while he has considered all the issues including the concerns about the safety of the accused in prison, the issues did not "constitute exceptional reasons"

"I have also looked at the combination of the factors which have been advanced to see whether together they can amount to exceptional reasons sufficient to enliven the discretion to grant bail," he said.

"I have concluded that they do not. The safety of the applicant can be adequately managed in custody.

"The family situation of the applicant is a very real concern but not one which, alone or together with the other matters, can amount to exceptional reasons. The application must be dismissed."

The matter is set down for trial in the Perth Supreme Court May 2012.


Extract from The West Australian 6/11/10 Inside Cover, article Rob Broadfield with Michael Hopkins:

A Moving Defence

This was the week that the WA court system acquitted an alleged criminal on what we're calling the "Earthquake Defence".

Earlier this year Jen-Chen Hu Taiwanese chap in his mid 30's was busted by customs at Perth Airport for possessing a "tier two good": to wit, child pornography.

On Wednesday, a district Court jury acquitted him based on the earthquake defence.

His lawyer Kristen Clohessy, of Curt Hoffman Barristers and Solicitors, says he argued successfully as it turned out, that he didn't knowingly import the porn. "He told the Court that he had his favourite puppet CDs (yes, apparently he likes puppet shows) stacked up and ready to pack for the trip" Ms Clohessy told IC.

"But before he could pack his bags, there was a massive earthquake in Taiwan and all the CD's got jumbled up," she said.

"His wife then packed his bag, which included the banned material." Apparently the jury took less than an hour to acquit.


Mandatory imprisonment for assaults on public officers

‘Our Firm is committed to defending those charged with assaulting police officers where mandatory imprisonment flows from conviction. Now, more than ever, those facing these criminal charges require the urgent and professional service offered at Curt Hofmann & Co’- Curt Hofmann

From 22 September 2009 mandatory jail terms came into effect anyone who seriously assaults a police officer or a public officer.

This will include ambulance paramedics, transit guards, court security officers and prison guards.
Adults who are convicted of such an assault can expect a minimum sentence of 6 months imprisonment under new assault laws.

Curt Hofmann and Co are available to take your case quickly and confidently. We will thoroughly investigate your case to get you the best possible result in or out of court.

If you, or someone you know, has been charged with seriously assaulting public officer, or another serious criminal offence, it is important to contact the experienced criminal defence team at Curt Hofmann & Co as soon as possible.



 

Extract from The West Australian Newspaper, article by Alex Massey