No Conviction and Good Behaviour Bond for Festival Magic Mushroom Possession

In September 2019, our client attended a Music Festival in Brisbane where he was detected by Police for possessing approximately 4 grams of Psilocybin otherwise known as Magic Mushrooms.


The drug Psilocybin is a Schedule 2 Drug under the Drugs Misuse Act 1986 (Qld).
Our client was issued with a Notice to Appear for Possession of a Dangerous Drug and attended the Brisbane Magistrates Court represented by Zoe Kansky. Our office entered a plea of guilty at the earliest opportunity and our client was sentenced to a good behaviour bond and a condition to attend the Drug and Alcohol Assessment Referral (DAAR). No conviction was recorded.


If you are interested in our criminal lawyers acting on your behalf, please do not hesitate to contact Zoe Kansky on 3009 8489.

Choking, Dangerous Operation of a Motor Vehicle and TPO Dropped

In November 2019 our client, a 27-year-old man from Brisbane, was charged with four offences including Choking, Dangerous Operation of a Motor Vehicle, Obstruct Police Officer and Contravene Direction or Requirement of Police in the Ipswich Magistrates Court.


The Police alleged that our client and his partner of 10 years left a party in North Brisbane and an argument ensued on the drive home where our client pulled on the handbrake of the vehicle whilst the car was travelling. The Police further alleged that our client then grabbed his partner’s neck squeezing her throat tightly and pushed her towards the car window so she could not breathe.


After Police attended the scene, our client was uncooperative with Police and refused to provide his full name and attempted to climb out of the Police car window.
Police imposed a Temporary Protection Order under the Domestic and Family Violence Protection Act 2012 (Qld) prohibiting any contact between our client and his partner.


Two weeks after the offence, the complainant withdraw her statement made to Police and provided medical evidence indicating her diagnosis panic attacks and anxiety which involve shortness of breath, sudden fear of terror and overwhelming feelings that she is about to have a heart attack or die. The complainant indicated that our client was holding her by the shoulders to calm her down.


A committal hearing was held and Nicholas Crawford of our office cross-examined the complainant which resulted in the Choking charge being discontinued.


A further submission saw the Dangerous Operation of a Motor Vehicle charge discontinued and the Temporary Protection Order removed and replaced with a Mandatory Good Behaviour Order to allow our client and partner to re-establish contact.


Zoe Kansky of our office represented our client for a plea of guilty to the Contravene Direction or Requirement of Police and Obstruct Police Officer and he was sentenced to a fine with no conviction recorded.


If you are interested in our criminal lawyers acting on your behalf, please do not hesitate to contact Zoe Kansky on 3009 8489.

Bail for Client Charged with AOBH and Wounding

In October 2019, our office attended the Richlands Watch House where our client, a 22-year-old female from Inala was charged with Assault Occasioning Bodily Harm and Wounding.


It was alleged that our client and the complainant engaged in a verbal argument and our client stabbed the complainant in the hand, lip and mouth causing deep lacerations. Our client was then alleged to hit the complaint to the back of the head with a large piece of wood and stab him in the back with metal tweezers.


Police objected to bail and our client was in a show cause position. After taking instructions, Zoe Kansky of our office showed cause as to why our client’s continued detention was unjustified and our client was released on bail pending resolution of her criminal matters.


If you are interested in our criminal lawyers acting on your behalf, please do not hesitate to contact Zoe Kansky on 3009 8489.

Contravention of Domestic Violence Order – No Evidence to Offer

In December 2018, our client was charged with Contravening a Domestic Violence order before the Southport Magistrates Court.


A Temporary Protection Order existed between our client and his girlfriend requiring our client to be of good behaviour towards her.


Police alleged that after night clubbing together on the Gold Coast, our client and the complainant were walking on a busy street when a verbal argument ensued and our client grabbed the complainant’s hair and dragged her to the ground.


Upon review of the evidence provided by Police, no CCTV footage was provided, no statements were provided by any witnesses and no formal complaint was ever made to Police by the complainant.


Zoe Kansky of our office completed a written submission to Police Prosecutions and Police offered no evidence to the charge in the Southport Magistrates Court shortly after.


If you are interested in our criminal lawyers acting on your behalf, please do not hesitate to contact Zoe Kansky on 3009 8489.

Immediate Parole for Exceed Schedule Meth and MDMA

criminal law

In June 2018 our client was charged with two counts of Possessing a Dangerous Drugs with the aggravating feature of being over 2.0 grams. Our client made admissions to possessing the drugs on his person, namely 2.4 grams pure methylamphetamine on the first occasion and 19.6 grams pure methylenedioxymethamphetamine (MDMA) on the second occasion.


Zoe Kansky of our office instructing Nick Brown of Counsel appeared before the Supreme Court of Queensland for sentence in October 2019. Our client had a limited history and made significant efforts toward rehabilitation and had commenced living in a residential rehabilitation facility to address his ongoing drug use whilst his Court matters progressed. Our client was subsequently sentenced to a head of three years imprisonment but was granted immediate parole to allow him to continue rehabilitation in the community.


If you are interested in our criminal lawyers acting on your behalf, please do not hesitate to contact Zoe Kansky on 3009 8489.

Serious Assault of Corrective Services Officer Dropped

In early 2019 our client, a prisoner at the Woodford Correctional Centre, was charged with Obstructing a Staff Member and Serious Assault of a Corrective Services Officer.
The offence of Serious Assault of a Corrective Services Officer carries a maximum term of imprisonment of 7 years imprisonment.


The court brief stated that our client was acting suspiciously and was suspected to have been concealing dangerous drugs on his person in the prison yard. Our client was subject to a removal of clothing search and at this time, our client was alleged to have collided with a Correctional Services Officer causing her to fall back in a whip-like motion.


Our office received instructions from our client who denied any hard collision to the Officer. Our office obtained the CCTV footage and Body-Worn camera footage and Zoe Kansky completed a submission on behalf of our client which saw the Serious Assault offence discontinued by Prosecutions.


Ms Kansky represented our client in the Caboolture Magistrates Court for a plea of guilty to the Obstruction offence and he was sentenced to 1-month imprisonment to be served concurrently to his existing sentence.


If you are interested in our criminal lawyers acting on your behalf, please do not hesitate to contact Zoe Kansky on 3009 8489.

Supreme Court Bail for Client Charged with Drug Trafficking

criminal law

In January 2020, Zoe Kansky appeared before the Supreme Court of Queensland for an application for Supreme Court bail for our client charged with 41 offences including one count of Trafficking in Dangerous Drugs, 27 counts of Supplying or Possessing Dangerous Drugs and a number of other property and drug offences.


Zoe Kansky argued that our client’s risk of re-offence and risk of failing to appear could be appropriately mitigated through his admission to a residential rehabilitation facility. Our client was granted bail and released that afternoon to a rehabilitation centre allowing him to address his drug addiction while his matters progress in the Supreme Court.


If you are interested in our criminal lawyers acting on your behalf, please do not hesitate to contact Zoe Kansky on 3009 8489.

Torture and Rape Charges Dropped – Client released from Custody

In September 2018 our client, a 24-year-old Chinese exchange student, was charged with one count of Torture, two counts of Rape and one count of Contravening a Domestic Violence Order in Brisbane.


The offence of Torture in Queensland carries a maximum term of imprisonment of 14 years and Rape carries a maximum term of life imprisonment.


After withdrawing instructions from his previous lawyers, our client engaged our office through Legal Aid in June 2019 having already spent 11 months on remand for these offences and had an upcoming trial listing in September 2019.


Zoe Kansky of our office engaged Mr Damian Walsh and Mr Nick Brown of Counsel and conferenced extensively with our client and commenced reviewing the brief of evidence material.


Upon review of the brief we observed significant parts were missing and requested further disclosure of crucial evidence including phone downloads of the complainant, police domestic violence records and medical history.


Over the course of several months the Crown disclosed over 300 gigabytes of additional brief of evidence material including 100,000 images, 10,000 messages and 5,200 videos involving our client and the complainant.


Zoe Kansky engaged a mandarin translator and commenced a tedious and thorough review of the brief of evidence over the course of several weeks. This revealed multiple discrepancies in the complainant’s version of events and evidence suggestive of a false complaint of rape.


Our office made submissions to the Office of the Director of Public Prosecutions with respect to all four offences.


After 17 months on remand, the Crown discontinued all charges against our client in the District and Magistrates Court and he was immediately released from custody.


If you are interested in our criminal lawyers acting on your behalf, please do not hesitate to contact Zoe Kansky on 3009 8489.

5 months jail for possessing $228,815 cash at the airport

5 months jail for possessing $228,815 cash at the airport

In October 2018, our client and his co-accused were found to be in possession of $228,815 cash in their luggage at the Brisbane Domestic Airport.

Our client and his co-accused arrived at the Brisbane Domestic Airport from Melbourne. CCTV had depicted our client and the co-accused arriving in Brisbane and hiring a car. They left the airport and returned later that day.
Staff at the airport became suspicious of our client as he had repeatedly purchased tickets for flights in cash on a weekly basis over a number of months. They notified police who detained our client for questioning.

Police then searched our client’s carry on luggage revealing a Victorian Licence, other bank cards and the hire car receipt in his name and boarding passes and baggage receipts in other names. The joint baggage of our client and the co-accused contained a total of $228,815 in Australian currency.

As a result, our client was charged that by joint agreement, he dealt with money or property reasonably suspected of being proceeds of crime over $100,000.00 contrary to sections 11.2A and 400.9(1) of the Criminal Code Act 1995 (Cth).

The co-accused was sentenced and received a head sentence of 12 months imprisonment and was required to serve 8.5 months actual imprisonment.

Our client’s charges proceeded to sentence before the Brisbane District Court. Alan Phillips of our office appeared instructing Robert Gordon of Counsel. The Presiding Judge sentenced our client to a head sentence of 12 months imprisonment to serve 5 months actual imprisonment.

Our client was very grateful for the result particularly as he was required to serve less time than his co-accused.

If you are interested in our criminal lawyers acting on your behalf, please call Alan Phillips on 3009 8469/0403846238.

$136,000 Fraud Dropped as a Result of Successful Basha Hearing

criminal law

In late 2017 our client was charged with the offence Fraud to the value of $30,000.00 or more pursuant to section 408C(1)(b)(2)(d) of the Criminal Code 1899 (Qld). The Crown alleged that our client created a scheme with an associate, involving the associate’s wife making a life insurance claim, pretending she had multiple sclerosis (MS).
Our client’s ex-wife had previously suffered from multiple sclerosis and had received an insurance payout in 1998 of between $110,000 and 120,000.

Our client’s associate’s wife took out a life insurance policy in 2000, her financial adviser had assisted her in taking out the policy with the insurance company. It was alleged that the associate’s wife had attended upon a number of doctors making false complaints of symptoms consistent with multiple sclerosis. Further the associate’s wife and our client’s ex-wife were said to have attended an MRI appointment where our client’s ex-wife posed as the associate’s wife resulting in the test results coming back indicating a diagnosis of MS.

The associate’s wife then proceeded to make a false trauma claim through her financial adviser which was lodged with the complainant insurance company. As a result of the claim, the associate’s wife received a pay out of $300,258.00. The Crown alleged that our client received $136,000.00 from the associate for his role in the scheme.
In 2012, the associate of our client sent an email to his wife’s financial adviser telling him that his wife had made a false insurance claim. The following day, the associate committed suicide. The complainant insurance company was notified by the financial adviser and an investigation was commenced by police.

Our client’s ex-wife participated in a record of interview in 2015 making full admissions to her involvement, she was ultimately criminally charged and convicted of fraud. The associate’s wife was also charged. She contested her matter and was convicted by a jury after a two-week trial.

Our client was previously represented by another law firm. Upon being recommended to Alan Phillips, our office took over carriage of his matter.

Our client was provided advice that the main witnesses in the matter could be cross examined in a Basha hearing, in order to test their evidence. Alan Phillips of our office appeared before the Ipswich District Court instructing Scott Lynch of Counsel in the hearing. Two witnesses gave evidence and were cross examined.

Both witnesses performed poorly. As a result of the hearing, the charge against our client was discontinued.

Out of 3 people charged with this offence, only our client was not convicted.

Our client was grateful for the outcome achieved by Mr Phillips and Mr Lynch.

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