Areas Of Law - Sharleena Ramdhas Barrester Solicitor

Areas Of Law

MURDER/MANSLAUGHTER

Murder and manslaughter are considered to be the most serious of criminal offences and therefore carry the most serious penalties a court can impose, being life imprisonment.

Causing the death of another person is the primary element of both offences however, the main distinguishing feature between them is the element of fault. In particular, for murder, the prosecution will assert what you intended to do, whereas in the case of manslaughter, whether you were negligent or reckless in causing the death of another person may be relevant.

We advise you to contact us immediately if you have been charged with one of these offences, as the consequences of failing to obtain legal representation with such serious charges can have a disastrous impact on your case. We have experience in advising and representing clients together with senior barristers with respect to murder trials both in Western Australia and the Northern Territory.

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SEXUAL OFFENCES

Subjecting another person to physical contact of a sexual nature without obtaining their consent may be a sexual offence.

Sexual Assaults not only include penile intercourse, but also digital penetration (i.e. any object other than a penis) and oral sex.

A child under the age of 16 is incapable at law of giving consent to sexual intercourse or other sexual acts.

Sexual offences are considered to be very serious. As such, terms of immediate imprisonment are often ordered. We strongly urge you to contact us immediately if you have been charged with, or are under investigation in relation to, a sexual offence. We have experience in advising and representing clients with respect to a range of various types of sexual offending ranging from lower level indecent assaults involving touching, to much more serious sexual penetrations over prolonged periods of time as well as historical offences from complaints relating to incidents from decades ago.

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DRUG OFFENCES

The possession, sale, supply or manufacture of illegal drugs is deemed a criminal offence under the Misuse of Drugs Act 1981. A prohibited drug covers a wide range of drugs and is set out in section 4 of the Misuse of Drugs Act 1981, which includes but is not limited to, cannabis,methylamphetamine,ecstasy, cocaine, heroin, as well as performance enhancing drugs and many more.

A term of imprisonment could result from serious drug offences. This can have damaging effects to your everyday life such as hindering your ability to get a job, apply for credit or even apply for visas for international travel.

It is important to obtain legal advice in order to ensure you have the best possible outcomes. Please contact us so we can not only assess your situationbut also guide you through it. We have experience advising and representing clients ranging from low level drug offences, such as possessing small quantities of drugs for personal use, to high level importations involving large quantities of drugs for commercial dealing.

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PROPERTY OFFENCES

ROBBERY

If a person has attempted to take or has taken something from another person,in circumstances of force, intimidation or threats, this could be deemed to be a Robbery. This offence can occur at any time and any place. If a weapon is used when carrying out the offence the robbery could be considered to be an “armed” robbery, which is an even more serious offence.

In any event, a charge of robbery is very serious and severe penalties such as terms of immediate imprisonment are ordinarily imposed.

BURGLARY

Burglary is the act of entering someone’s property without that person’s consent, with an intent to commit an offence within that property. There are a variety of aggravating factors that have the ability to increase the seriousness of the charge such as being in company with other persons, threatening to kill or injure and being armed or pretending to be armed with a dangerous weapon.

STEALING

There are a multitude of ways in which the offence of stealing can present itself. It could be taking a chocolate bar from the shop without paying for it or stealing a $60,000 diamond necklace. In each case, the penalty imposed will be proportionate to the offence. For example, a mere fine may be imposed for the theft of the chocolate bar but a term of imprisonment may be considered for the diamond necklace.

Other variations of stealing include stealing as a servant (theft from an employer) or stealing a motor vehicle.

We are experienced in providing advice and representation in relation to all levels of property offending, including but not limited to serious robberies involving co-offenders and weapons in which victims have been assaulted, to numerous break ins and home invasions, as well as low level stealing such as shoplifting.

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FRAUD

If someone has purported to make a personal or financial advantage by using deception, lying or dishonesty, thiscould be considered to bea fraud. Fraud is a serious charge in which a term of imprisonment can be imposed, particularly in circumstances where the amount of fraud alleged is around $10,000 or greater.

We are experienced in providing advice and representation to all levels of fraud, including but not limited to fraud involving significant sum of money obtained from employers, as well as Centrelink fraud.

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TRAFFIC LAW

There are a variety of traffic offences ranging from the manner of driving (reckless driving, dangerous driving, careless driving), to driving without a licence (driving whilst disqualified etc), or drink driving and driving under the influence, and more.

Convictions for dangerous driving and reckless driving can result in the imposition of a term of imprisonment. Similarly, repeated convictions for drink/drug driving and driving without a valid license/driving whilst disqualified can eventually lead to a term of imprisonment. The other penalties that are frequently imposed for traffic offences can include large fines, and cancelling or suspending your drivers license.

Although traffic offences are thought of as being less serious than criminal offences, traffic offences can still have serious consequences, which could impact on your employment or your family if your ability to drive is affected. Therefore, it is important that you contact us for advice and/or representation when you have been charged with a traffic offence. We can represent you in court and encourage the Magistrate to impose the minimum fine or license suspension period.

We are experienced in providing advice and representation in relation to all levels of traffic offending, ranging from dangerous driving in which someone is injured, to numerous police chases, as well as lower level traffic offending relating to drink driving and driving whilst disqualified, and almost all cases where clients have pleaded guilty, we have obtained the lowest penalty available for them.

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RESTRAINING ORDERS

A restraining order is an order made by the Magistrates Court there has been an act of abuseand such abuse is likely to occur again.We are experienced in identifying the many forms of abuse which can include physical, verbal, emotional, psychological, and financial.

There are a number of ways to resolve a restraining order matter which will avoid the need for the stress and discomfort of a trial, such as the parties agreeing to a Conduct Agreement Order or an Undertaking.

If you are the victim of abuse contact us to discuss obtaining a violence restraining order to cease the abuse as soon as possible. We can assist you in completing your application for a restraining order and representing you at the hearing of the application in court, as well as later at the trial.

Alternatively, if you have been served with a restraining order, contact us to discuss your options to oppose the restraining order or other methods to resolve the matter.

We have significant experience in advising and representing both applicants and respondents in restraining order proceedings at numerous final order hearings. We have been successful in obtaining positive outcomes for our clients whether that be by way of winning the final order hearing or negotiating favourable outcomes for our clients to alleviate the need for a trial.

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