Criminal Law Specialist

Why you should engage a criminal lawyer if charged with a criminal offence

It is crucial to engage a criminal lawyer after being charged with a criminal offence due to their expertise in navigating the complexities of the criminal justice system. A criminal lawyer can provide valuable guidance on your rights, any potential defence and the legal procedure involved in your case.

Furthermore, a skilled criminal lawyer can help build a strong defence strategy tailored to the specific circumstances of your case. They have experience negotiating with prosecutors, conducting thorough investigations, and representing accused persons in court. This legal representation greatly increases the likelihood of achieving a favourable outcome, such as downgrading and discontinuing charges or minimised penalties.

Overall, engaging a criminal lawyer is essential to protect your legal rights, ensure fair treatment throughout the legal process and secure the best possible outcome for your case. Their expertise and advocacy are invaluable assets in navigating the complexities of criminal law and safeguarding your future.

Criminal offences

Matthew Blackburn has a lot of experience with various criminal cases, including murder, serious assaults, burglaries, robbery, sex offences, drug offences, theft, and more. He will help ease your stress by clearly explaining your charges and the court process, helping you make informed decisions about your situation.

If you're charged with a crime, choosing a criminal defence lawyer is crucial. A skilled lawyer will safeguard your rights and guide you through the complex legal system. They offer professional support and aim for the best results while reducing your stress. Matthew is one such lawyer, known for successfully securing acquittals, negotiated settlements, and lighter sentences for his clients.

Sexual-related offences

Facing a sex offence charge can greatly harm your life, job, and personal connections. We commonly deal with various sexual- related charges, such as:

• Sexual penetration without consent.

• Indecent assault.

• Possession or distribution of child exploitation material.

• Distribute an intimate image without consent.

Sexual offences are serious legal issues that can damage your reputation, even if you are found innocent. These offences include acts like indecent assault, sexual penetration, and sharing revenge porn, with harsh penalties such as fines or long prison sentences. There are various defences, including denying the acts occurred, claiming a misunderstanding, or asserting that the acts were consensual. These cases often happen in private, making the credibility of the complainant crucial.

It is essential to hire an experienced criminal defence lawyer who knows how to question complainants and understands the specific rules of evidence in sexual offence cases. Matthew Blackburn has extensive experience in defending these cases. His questioning approach is well thought out and adaptable to witness behaviour, and he builds a good relationship with the jury. He is committed to supporting and protecting your rights and dignity.

Facts…

• “Consent” means giving permission freely and willingly. Consent is not valid if it is forced, threatened, tricked, or obtained fraudulently. Not resisting physically does not equal consent.

• A person cannot give consent if they are asleep, unconscious, or influenced by drugs or alcohol.

• A person is not guilty of rape if they honestly and reasonably believed the victim consented.

• These cases usually happen in private, so trials often depend on witness testimony.

• Special rules apply to sexual assault trials.

Offences against children are serious and emotionally difficult. Laws are in place to protect children, leading to immediate imprisonment for convictions, unless there are exceptional circumstances. These convictions also mean placement on a sex offender register and long-term police monitoring.

Offences can range from non-contact crimes, like possessing child exploitation material, to contact crimes, such as indecent dealing or sexual acts with a child, and using electronic communication to engage a child in sexual activity.

These cases are complicated and sensitive. Gathering evidence from young children requires care and respect. Often, accusations come many years later, which can disadvantage the accused. There are specific rules regarding child complainants, so it is crucial that your lawyer understands the unique aspects of child sex cases.

If you have been charged with a sexual offence, please call Matthew Blackburn, an experienced criminal defence lawyer regarding offences of this nature. He will represent you without judgement and provide you with legal advice, support, empathy and dignity during what will be a challenging and emotional period of your life. We will do everything within the law to ensure your privacy is protected.

Facts…

• Indecent dealing involves inappropriate sexual contact or communication with a child.

• Deleted files on electronic devices can be retrieved and may still be seen as child exploitation material.

• Minimum mandatory sentences exist in specific cases.

• Those convicted of child sex offences will be listed on a sex offender registry and monitored for years. 

Drug-related offences

If you are found guilty of a drug offence, it can harm more than just your criminal record. It can hurt your job opportunities, ability to rent a home and travel to certain countries. The quantity of drugs involved can greatly impact your matter and how law enforcement pursue it. To protect yourself from wrongful or unfair charges and a damaging record, it is crucial that you reach out to us. We commonly deal with various drug-related charges, such as:

• Possession of a prohibited drug (and with intent to sell or supply)

• Manufacture of a prohibited drug.

• Cultivation (and with intent to sell or supply).

Western Australia has the strictest drug laws in the country. Drug charges can include possession, intent to sell, importation, cultivation, and manufacturing. Charges can fall under State law (Misuse of Drugs Act 1981) or Commonwealth Law (Criminal Code). The seriousness of a drug charge depends on factors like the drug type, quantity, purity, the accused's role, the circumstances, and any commercial aspects involved.

The nature of the charge and drug amount determines if the case goes to the Magistrate Court or District Court. Penalties in Western Australia are usually harsher than elsewhere, with severe cases potentially leading to life imprisonment, especially for importing certain drugs or possessing significant amounts of methamphetamine with intent to sell. Lesser drug offences may result in fines, community service, or suspended sentences.

Defences available include lack of knowledge, coercion, or different intentions. In drug cases, it's crucial to closely examine the evidence. Prosecutors often rely on DNA, fingerprints, and phone records, but innocent explanations may exist. Matthew Blackburn will assess the evidence's legitimacy and critique the police investigation. He has handled large importation cases, manufacturing issues, and significant amounts of illegal drugs.

Facts…

• If you have more than 2 grams of methylamphetamine, cocaine, or MDMA, the law assumes you plan to sell or share it.

• The amount for being classified as a drug trafficker for methylamphetamine is 28 grams.

• If labeled a trafficker, the State can seize all your assets, whether they are earned lawfully or from crime.

• Police may ask for the PIN codes of your devices, and not giving this information is a crime that can lead to prison.

• Police are familiar with many slang terms for methylamphetamine; phrases like "can I order 3 burgers" won’t mislead them.

Assault-related offences

Assault-related charges in Western Australia include various behaviours that can result in different punishments, starting from fines to imprisonment. A conviction can limit your travel and employment opportunities. It is important that you reach out to us if charged by the police to protect your rights and freedom. We commonly deal with various assault-related charges, such as:

• Common assault.

• Assault occasioning bodily harm.

• Assault public officer.

• Grevious bodily harm.

• Endanger life, health or safety.

Consequences of assault can be serious, affecting both personal and professional life. Penalties include fines and imprisonment, depending on the charge and circumstances. There are various defences for assault, such as self-defence and provocation. Matthew Blackburn understands these defences and can advise you on their relevance to your case.

Facts…

• Assaults against public officers, including law enforcement and emergency personnel, may lead to mandatory imprisonment.

• Grievous Bodily Harm (GBH) refers to injuries that endanger life or cause permanent health issues.

• The provocation defence does not apply to murder or offences without an assault element, including GBH.

• If GBH occurs during aggravated home burglary, the court must impose a sentence of at least 75% of the maximum penalty.

Property-related offences

We commonly deal with various property-related offences such as:

• Stealing.

• Burglary in a home or place.

• Robbery.

• Extortion.

• Gains benefit by fraud.

Robbery involves stealing, using, or threatening violence. Burglary happens when someone enters another person's property without permission and commits or plans to commit a crime. These offences are serious and usually lead to immediate imprisonment because of their severe effects on victims and the community.

Dishonesty offences, like theft and fraud, can negatively impact your life long after the case is resolved. While these offences often result in fines, serious cases may lead to imprisonment. Having a dishonesty conviction can hinder your job prospects, travel opportunities, and overall reputation.

Those charged with property offences should consider applying for a spent conviction to minimize the negative effects of a conviction. Police may confuse criminal offences with civil property disputes, so strong advocacy and negotiation can sometimes lead to charges being dropped in favor of a civil resolution.

Various defences exist for these charges, and it's essential for your lawyer to explore all options before giving advice. Matthew Blackburn has extensive experience defending these type of cases. He can identify potential defences, challenge evidence, and create a strategy aimed at achieving a positive outcome.

Facts…

• Stealing means taking someone else's property with intent. In criminal law, there are different types of intent.

• An adult with three burglary convictions on different days faces mandatory imprisonment of at least two years.

• Previously, stealing items worth less than $1000 only resulted in a fine, but the law has changed to discourage repeated theft of low-value items, allowing imprisonment in some cases.

• Most aggravated burglary cases are handled in the District Court.

• You can commit burglary even if you don't steal; entering someone else's property without permission and committing an offence is also considered burglary.

Criminal damage includes various crimes that intentionally harm or destroy someone else's property. These can include vandalism, graffiti, and arson. Damaging property by fire is very serious and can lead to life in prison. Less serious damage may result in fines or community service. The punishment depends on the level of damage, the value of the property, any past criminal record, and the situation of the crime.

There are legal defences for these charges. Matthew Blackburn has extensive experience in property and damage cases and will assist you in understanding the legal process to get the best result.

Facts…

• If you didn't mean to cause the damage, you can defend yourself against the charge.

• If you're charged with criminal damage by fire, you might negotiate to reduce the charge to a lesser one under the Criminal Code or the Bushfire Act.

• It's legal to damage your own property.

• The highest penalty for damaging property with fire is life in prison.

Traffic offences

Traffic violations can result in fines, jail time, and losing your driver's licence, affecting your job and daily life. Some offences may allow for licence retention through negotiation. Matthew Blackburn has extensive experience handling traffic cases, from minor speeding tickets to serious matters like reckless driving. Penalties may include fines or licence suspension, which can seriously impact personal and family life.

It is important to hire a skilled traffic lawyer for guidance. We help with all traffic-related court matters, including:

• Traffic Court

• Extraordinary Licence Applications (EDLs)

• Removal of lifetime disqualifications

Our goal is to achieve the best results for our clients by providing straightforward advice on defences, possible outcomes, and strong court representation.

Matthew has a deep knowledge of traffic laws, which are becoming more complicated and can lead to tough legal situations. He has a strong record of reducing penalties and obtaining favourable results. Whenever possible, he will work to prevent the loss of your driver's licence. If your licence is disqualified, Matthew can assist you in obtaining an extraordinary driver's licence (EDL) for work or medical appointments. If you have been charged with a traffic offence or need an EDL, please reach out to Matthew for a consultation.

Spent convicitons

Having a criminal record can cause ongoing problems with jobs and travel. Many employers ask for a police clearance from both federal and state levels when you apply. Some countries deny visas to people with convictions. At your sentencing hearing, you can request to have your conviction spent. If your conviction is spent, you do not have to share it or related information with anyone, though there are exceptions. To get a spent conviction, you must address the court on several points, including the chance of reoffending, if the offence was minor, your past good behaviour, and whether you should be free from the negative impact of the conviction. This may require evidence of drug rehab or your job situation.

Matthew Blackburn frequently helps clients apply for spent convictions and has a strong track record. He can assess your chances of getting a spent conviction before your court appearance. He communicates with the prosecution to ensure their support, as this makes the process smoother. Understanding the Magistrate's usual stance on these applications can also be beneficial.

Facts…

• You cannot apply for a spent conviction if you received an intensive supervision order or prison time for the offence.

• A complete list of exceptions is in "Schedule 3: Exceptions to Part 3" of the Spent Convictions Act 1988.

• If your application for a spent conviction is denied, you can appeal to the Supreme Court.

• Typically, you only receive one spent conviction.

• If you don't apply for it at sentencing, you must wait 10 years to apply.

Restraining orders

Restraining orders protect those in need, but they can be misused. If you need a restraining order or someone has filed one against you, Matthew can offer legal advice, negotiate for you, draft agreements, or represent you in court.

A Violence Restraining Order (VRO) is a court order that limits a person's actions (the respondent). These limits may include not contacting the applicant or staying a certain distance away from them or their home, school, or workplace. The order aims to reduce the risk of threats or violence against the protected person. However, some people misuse these orders to influence child custody and settlement cases. There are two types of VROs: one for when the applicant has a family or domestic relationship with the respondent (FVRO), and another for situations without such a relationship.

Matthew will try to resolve the issue without a costly final order hearing, which can harm everyone involved. VRO applications may be settled with an undertaking or, if the parties had a domestic relationship, a conduct agreement. A conduct agreement has similar terms to a VRO but does not involve admitting guilt. Violating a conduct agreement is still a crime. If the issue goes to trial, Matthew can represent you.

Facts…

• You have 21 days to contest an interim VRO. If you do not, the court will most likely finalise the order which will be in place for 2 years.

• The conditions of a VRO or conduct agreement can be adjusted to meet the needs of those involved.

• Children can be named as protected individuals in a VRO or conduct agreement.

• There are no disclosure requirements for final order hearings, making it hard to know what the other party may claim or do.

• VROs are civil cases and breaching a VRO or conduct agreement is a criminal offence.

Children’s Court

The Children’s Court has special rules and processes for handling cases involving young offenders, guided by specific laws like the Children’s Court of Western Australia Act 1988 and the Young Offenders Act 1994. It offers unique pre-trial choices, bail conditions, and sentencing alternatives.

Matthew Blackburn has extensive experience in the Children’s Court, offering clients a considered & compassionate approach. We are dedicated to making your experience with a children’s lawyer simpler and effective.