Alan Phillips, Author at Rostron Carlyle Rojas Lawyers

Successful Exclusion of Record of Interview – Trafficking Charge Dropped

In 2018, Alan Phillips of our office instructed Scott Lynch of Counsel before the Bundaberg Supreme Court with respect to our client who had been charged with trafficking in dangerous drugs and associated offending.

Our client had participated in a record of interview when he was arrested by police. In the interview he made admissions to selling drugs to his friends for a number of months. Following his interview, he was charged with supplying drugs. When the matter was committed to the Supreme Court, our client was indicted with trafficking in dangerous drugs. Trafficking in dangerous drugs carries a maximum penalty of 25 years imprisonment.

Our office reviewed the brief of evidence and determined that the only evidence supporting the trafficking charge were our client’s admissions in the record of interview. Our client instructed us that he had been induced to participate in the record of interview, as the police had promised to return a large quantity of money found on him as well as release him on bail, if he was to make admissions to selling drugs in his interview. Our client had previously received advice that he had limited prospects with respect to excluding his interview at trial.

Our office formed a different view, and considered that the interview with him should be excluded at trial given the inducements held out to him by police. A pre-trial argument was conducted before the Senior Judge Administrator Justice Lyons in the Bundaberg Supreme Court. The Judge ruled in our client’s favour and excluded the interview in its entirety. Consequently the trafficking count was discontinued.

Our client was sentenced on the remaining serious drug charges to a suspended term of imprisonment that saw him released following time served. He is estimated to have been required to serve at least an additional year of actual custody if his trafficking count had remained.

If you are interested in our criminal lawyers acting on your behalf, please call either Alan Phillips on 3009 8469/0403846238 or Nicholas Crawford on 3009 8467 or Tyronne Thomas on 3009 8481.

CriminalJanuary 16, 20190 comments

by Alan Phillips

White collar defence – 25 Million dollar fraud case dropped by Prosecutor

Alan Phillips of Rostron Carlyle Rojas Lawyers instructed Greg McGuire of Counsel in a five year fight for our client, Mr Erwin Walter Filler, who was alleged to have fraudulently obtained $25million worth of property.

Criminal, Personal ServicesNovember 23, 20180 comments

by Alan Phillips

Operation Lima Avanti

In December 2013, the Moreton District Criminal Motorcycle Gang Tactical Action Team took carriage of Operation Lima Avanti. This operation investigated the Trafficking of the dangerous drug Methylamphetamine by a suspected syndicate in the Caboolture region.

Telecommunication interceptions and covert and electronic surveillance was used to gather information about the operation.

Our client was subsequently charged with Trafficking in Dangerous Drugs, namely methylamphetamine for a period of 3 years. Additionally, it was alleged that our client possessed approximately $250,000 of unsourced income obtained from trafficking.

Trafficking in dangerous drugs carries a maximum penalty of 25 years imprisonment. Our client was facing a term of imprisonment of 10 years, which would attract an automatic declaration that the trafficking offence would be a serious violent offence (SVO). An SVO would require our client to serve 80% of his sentence.

Our office submitted that the prosecution’s evidence on the operation, network and activities of the syndicate did not reflect our client’s involvement for the alleged time period and that our client had a lawful excuse for the monetary amounts. The DPP rejected our submission, and the matter was listed for a contested sentence.

Our office and Mr Kimmins of Counsel continued our negotiations with the Prosecutor’s office, ultimately resulting in them accepting our submission, the day prior to the contested sentence occurring.

As a result, the trafficking period was ultimately reduced from 3 years to 17 months and the unsourced income was reduced from $250,000 to $16,000. Our client received a sentence of 7 years imprisonment, thereby avoiding any requirement to serve 80% of his sentence.

If you are interested in our criminal lawyers acting on your behalf, please call either Alan Phillips on 3009 8469 or Nicholas Crawford on 3009 8467.

CriminalNovember 23, 20180 comments

by Alan Phillips

Not guilty verdict of GBH – Cairns district court – Sep 18

Our client was charged with doing grievous bodily harm in Cairns in 2016. The Crown allegation was that our client attacked another person with a dumbbell bar in May 2016. The maximum penalty is 14 years imprisonment.

The allegations were that our client attacked the complainant without provocation or for any reason. He hit him repeatedly with a wheel spanner, and kicked the complainant on the ground. The complainant was unresponsive and bleeding from his head and mouth. He had seizures. He suffered lacerations to the skull, fractures in his face, broken dentures, cuts and stitches. If treatment had not been provided the complainant would have died from his injuries.

The crown alleged that our client called the complainant while he was in hospital and threatened to kill him if he spoke to police.

There were a number of witnesses to the movements before and after the injuries were sustained, however no one witnessed the actual blows. The crown case also relied upon an alleged admission by our client to the offending. A number of people witnessed the complainant attending the address whilst armed, a fact which was used to great effect to place self defence before the jury. Our client was also injured in the incident to a lesser extent.

Alan Phillips of our office represented our client, and Scott Lynch of Counsel was briefed in the trial that proceeded before the Cairns District Court. Despite the allegation that our client made admissions to a number of people, and made threats to people to withdraw their evidence, and despite the extensive injuries, the jury returned a verdict of not guilty to this very serious charge.

If you are interested in our criminal lawyers acting on your behalf, please call either Alan Phillips on 3009 8469 or Nicholas Crawford on 3009 8467 or Tyronne Thomas on 3009 8481.

Criminal, Personal ServicesSeptember 30, 20180 comments

by Alan Phillips

Drug Trafficking Dropped at Committal Hearing

In October of 2017, a search warrant was executed on our client’s residence in Dalby. At the time of the search warrant police located numerous items at the dwelling including a large quantity of clipseal bags, sums of cash, ammunition, drug paraphernalia and 24.9 grams of methylamphetamine.

At the conclusion of the search warrant our client was charged with the serious offence of trafficking in methylamphetamine for a 10-month period, two charges of supplying dangerous drugs, possession of dangerous drugs, possession of anything for use in the commission of a crime, possession of property suspected of being proceeds of an offence and possession of utensils or pipes.

Following a review of the brief of evidence disclosed by Police Prosecutions, our office concluded that there was not enough evidence within the brief material to substantiate the trafficking and supply charges. The brief was extensive containing over 10,000 images from a farm camera that was seized from the shed of our client’s property. A submission was sent to Police Prosecutions to discontinue the substantive charges due to a lack of evidence to prove that our client was trafficking in dangerous drugs or supplying dangerous drugs.

Police Prosecutions ultimately rejected our submission as they alleged that our client was depicted on the Farm Camera on multiple occasions and therefore that she was a participant in trafficking in dangerous drugs from the residence.

The matter was then listed for a Committal Hearing with a no case submission for the substantive charges of trafficking in dangerous drugs and the two counts of supplying drugs as Alan Phillips still concluded that there was not enough evidence to prove trafficking or supply charges. Alan Phillips of our office appeared before the Dalby Magistrates Court at the Committal Hearing. At that time, Police Prosecutions discontinued the trafficking in dangerous drugs charge and the two counts of supplying a dangerous drug as they accepted the case was weak. Trafficking in dangerous drugs carries a maximum penalty of 25 years imprisonment and Supply of a Schedule 1 drug such as methylamphetamine carries a maximum penalty of 20 years imprisonment. This was an excellent outcome for our client.

If you are interested in our criminal lawyers acting on your behalf, please call either Alan Phillips on 3009 8469 or Nicholas Crawford on 3009 8467 or Tyronne Thomas on 3009 8481.

CriminalAugust 2, 20180 comments

by Alan Phillips

Successful appeal against drug trafficking sentence – operation Lima Avanti

In 2018, Alan Phillips of our office instructed Tony Kimmins of Counsel before the Queensland Court of Appeal with respect to an appeal against sentence.

Alan Phillips of our office represented our client from his initial apprehension in 2015. A successful bail application was made on behalf of our client at the outset of the matter. He was arrested as part of Operation Lima Avanti, a protracted police investigation into the trafficking of methylamphetamine and other drugs in the Moreton Area. The operation was conducted by the Moreton District Criminal Motorcycle Gang Tactical Action Team. Our client was the main target of the police operation in its initial phases.

Our client was initially charged with trafficking in dangerous drugs over a three-year period, and allegedly had approximately $250,000.00 of unsourced income. The matter progressed to the Supreme Court, and after a thorough review of the brief of evidence, Alan Phillips of our office provided a submission to the DPP. The matter was listed for a contested sentence, and on the day of the hearing, the DPP agreed to reduce the trafficking period by over a year, and reduced the unsourced income to under $20,000.00. Our client was sentenced to a head sentence of 7 years and 7 months imprisonment. He was granted parole eligibility after just over a third of the head sentence (some 2 years and 9 months).

Trafficking in dangerous drugs carries a maximum sentence of 25 years imprisonment.

The sentence was appealed successfully, and his parole eligibility date was reduced to one quarter of his head sentence, thereby reducing the time he had to spend in custody by one year. It was an excellent result for our client, and demonstrated the effectiveness and impact that evidence of rehabilitation can make on a sentence. The judgment provides authority on the effect of remanding oneself in custody prior to sentence, and that doing so is a further indication of one’s remorse and taking responsibility.

The judgment can be viewed here: https://archive.sclqld.org.au/qjudgment/2018/QCA18-228.pdf

If you are interested in our criminal lawyers acting on your behalf, please call either Alan Phillips on 3009 8469/0403846238 or Nicholas Crawford on 3009 8467 or Tyronne Thomas on 3009 8481.

CriminalJuly 3, 20180 comments

by Alan Phillips

Operation Oscar Freon – Trafficking in Schedule 1 Drug substituted with Supplying Dangerous Drug Charges

In July of 2016 Operation Oscar Freon ensued targeting persons involved in the trafficking of dangerous drugs and firearms. As a result, a Telecommunications Intercept warrant was obtained for a particular person of interest. Our client was in contact with this person and was consequently charged with trafficking in the dangerous drug of methylamphetamine for a 2 month period. The police executed a search warrant on our client’s residence and our client was then also charged with possession of methylamphetamine (exceeding 2.0 grams), 2 charges of Possession of MDMA, possession of 4-Hydroxybutnoic acid lactone and a number of related summary charges. Trafficking in a dangerous drug, the most serious offence, carries a maximum penalty of 25 years imprisonment. The matter was committed to the Brisbane Supreme Court for trial. At the committal, Alan Phillips made an application for bail on behalf of our client. He convinced the court that the risks associated with our client’s release on bail could be ameliorated to an acceptable level with the imposition of bail conditions. Our client was granted bail.

Alan Phillips of our office reviewed the telephone intercept material and concluded that there was insufficient evidence to substantiate a trafficking charge. A submission was made to the Office of the Director of Public Prosecutions to replace the charge of trafficking in dangerous drugs with charges of supplying a dangerous drug. The submission was rejected and the matter was listed for trial. The day before the trial was to commence the Crown accepted that the trafficking should be replaced with 9 counts of supplying a dangerous drug. The matter was before the Brisbane Supreme Court for sentence in May of 2018. Our client was sentenced to a period of imprisonment, but after taking into account his declarable pre-sentence custody and his rehabilitation he was granted an immediate parole release.

If you are interested in our criminal lawyers acting on your behalf, please call either Alan Phillips on 3009 8469 or Nicholas Crawford on 3009 8467 or Tyronne Thomas on 3009 8481.

CriminalMay 10, 20180 comments

by Alan Phillips

Enforcing a judgment through bankruptcy proceedings

Obtaining a judgment against your debtor does not mean you get paid immediately. The debtor may be unable or unwilling to satisfy the judgment debt for a variety of reasons. He or she may be having financial difficulties, other debts, or may be ignorant or careless of the circumstances.

Bankruptcy Proceedings – an outline of the process

One of the options available for enforcing a judgment against a debtor is bankruptcy proceedings.

This process is quicker than other enforcement methods and you will have more control over the process as a creditor.

The disadvantage of this alternative is that there may be other secured creditors, who rank ahead of you, and thus full payment of the debt may not be received.

To initiate the proceedings, a bankruptcy notice needs to be lodged in a proper form with the Insolvency and Trustee Service of Australia (“ITSA”). The current filing fee is $440.00.

Following personal service of the bankruptcy notice on the debtor, he or she will have 21 days, in which to comply with the notice by paying the full amount of the debt or entering into a repayment arrangement, on terms satisfactory to you.

bankruptcy

If the debtor fails to comply with the bankruptcy notice, he or she are deemed to have committed an act of bankruptcy. Pursuant to the provisions of the Bankruptcy Act 1966 (Cth) at the time of non-compliance with the bankruptcy notice:

– the debtor must be present in Australia or have sufficient connection with Australia, and

– the debt must be over $5,000 (two or more creditors may combine their aggregate debts).

Provided the above criteria are satisfied you may be able to file for a creditor’s petition for the debtor to be declared bankrupt.

A creditor’s petition must be filed in the Federal Magistrates Court within six months of the act of bankruptcy. A court date will be allocated for hearing of the petition. Once the creditor’s petition is served on the debtor, and provided it is uncontested, a sequestration order may be made against his or her estate, vesting all of the bankrupt’s property in the appointed trustee.

The trustee collects information about the bankrupt’s assets and liabilities. Any creditors who wish to claim in the estate must lodge a proof of debt with the trustee. Any secured creditors will rank above any unsecured creditors, the latter being paid proportionately out of the pool of funds available from the bankrupt’s estate. The petitioning creditor’s costs of obtaining a sequestration order are usually taxed and paid out of the bankrupt’s estate as a priority.

Bankruptcy proceedings can be complex and strict requirements as to form as well as limitation periods apply. We can assist you with legal advice and support with your proceeding whether you are a creditor or a debtor.

Are you considering bankruptcy proceedings against your debtors? Perhaps a prior debt repayment arrangement has been dishonoured? Need to lodge a proof of debt? Confused about your options as a debtor? We can assist you with any of your questions relating to bankruptcy and insolvency. Contact us today.

Business Services, Insolvency & RestructuringMarch 24, 20180 comments

Author: Alan Phillips

Our client was charged with doing grievous bodily harm in Cairns in 2016. The Crown allegation was that our client attacked another person with a dumbbell bar in May 2016. The maximum penalty is 14 years imprisonment.

In 2018, Alan Phillips of our office instructed Tony Kimmins of Counsel before the Queensland Court of Appeal with respect to an appeal against sentence.

Obtaining a judgment against your debtor does not mean you get paid immediately. The debtor may be unable or unwilling to satisfy the judgment debt for a variety of reasons. He or she may be having financial difficulties, other debts, or may be ignorant or careless of the circumstances.

Bankruptcy Proceedings – an outline of the process