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Charged with a criminal offence?





Strategic Criminal Defence and Regulatory Litigation

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At Rigby & Bear, we approach criminal matters as litigators.

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We carefully analyse the allegations, the available evidence and the applicable law to identify the strengths and weaknesses of the prosecution case before advising upon the appropriate course.

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In some matters, an early resolution may be achieved through negotiations with the prosecution. In others, the evidence may justify a contested hearing.

 

Every matter requires its own forensic assessment.
 

Charged With An Offence?
 

Whether you have been charged by police, served with a charge sheet, received a summons or are under investigation by a regulatory authority, obtaining legal advice at an early stage can be critical.
 

Early advice can assist in:
 

  • identifying potential legal defences;

  • analysing the prosecution evidence;

  • narrowing the issues genuinely in dispute;

  • conducting summary case conferences and negotiations;

  • preserving relevant evidence;

  • preparing mitigation material where appropriate; and

  • developing a strategy tailored to the circumstances of the case.
     

Many criminal matters are won or lost long before the hearing itself.
 

Our Approach
 

Every criminal prosecution involves three questions.
 

1. What Does The Prosecution Need To Prove?
 

The starting point is identifying the legal elements of the offence and understanding precisely what must be established before a finding of guilt can be made.
 

2. What Evidence Supports The Allegation?
 

The next question is whether the evidence is capable of proving those elements.
 

This requires a careful examination of:
 

  • witness accounts;

  • documentary evidence;

  • admissions;

  • expert evidence;

  • electronic records; and

  • procedural compliance.
     

3. What Is The Appropriate Strategy?
 

Once the allegations and evidence have been assessed, we can advise whether the matter is best resolved through negotiation, plea discussions, contested hearing or other available processes.
 

Matters We Handle
 

Summary Criminal Offences

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We advise and represent individuals charged with summary offences in the Magistrates' Court, including offences involving:

  • assault;

  • theft;

  • dishonesty;

  • criminal damage;

  • trespass;

  • public order matters; and

  • breaches of court orders.
     

Council and Regulatory Prosecutions
 

We act in prosecutions brought by local councils and other regulatory authorities, such as those under the Domestic Animals Act 1994 (Vic).
 

Such prosecutions often involve detailed statutory schemes and technical legal issues that require careful analysis.
 

Commonwealth Offences
 

We can assist in matters arising under Commonwealth legislation, including prosecutions commenced by federal agencies and regulators.
 

Guilty Pleas
 

A guilty plea is not simply an admission of guilt.

The outcome of a sentencing hearing is often influenced by the quality of the preparation undertaken beforehand.
 

Where a plea is appropriate, we can assist with:
 

  • reviewing the prosecution summary;

  • negotiating agreed facts where necessary;

  • obtaining supporting material;

  • preparing character references;

  • obtaining psychological and medical evidence where appropriate;

  • identifying relevant mitigating factors; and

  • preparing detailed submissions on sentence.
     

The objective is to ensure that the Court receives a complete and accurate understanding of both the offending and the offender.
 

Defended Hearings
 

Where allegations are disputed, rigorous preparation is essential.
 

We can assist with:

  • analysing briefs of evidence;

  • identifying evidentiary weaknesses;

  • conducting legal research;

  • preparing cross-examination;

  • identifying procedural irregularities; and

  • presenting the defence case at hearing.
     

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Why Rigby & Bear?
 

Rigby & Bear is not a volume criminal law practice.
 

We approach criminal matters through the lens of litigation.
 

Our focus is upon evidence, legal analysis and strategic decision-making.
 

Clients retain us when they require careful preparation, detailed legal analysis and clear advice regarding the strengths, weaknesses and risks inherent in their matter.
 

If you have been charged with a criminal offence or require advice concerning a prosecution, contact us and we will be in touch.

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