Criminal Charges
If you have been charged with a criminal offence, the most important decision that you will make, is choosing a criminal defence lawyer to represent you.
An experienced criminal lawyer will protect your fundamental rights and help you navigate the complicated and daunting legal process. They will provide a professional and compassionate service whilst always striving for the best outcome. They will do everything possible to ease the stress that comes with being charged with any criminal offence.
That is exactly what you will get with Dr Clint Hampson, who has been recognised as one of the best criminal lawyers in Perth. Dr Hampson has an excellent track record for achieving acquittals after trial, discontinuances, reaching favourable negotiated settlements or obtaining more lenient sentences for his clients.
Let’s take a deep dive into types of criminal charges and learn more, select the topic that interests you…
Murder & Manslaughter
Murder and Manslaughter offences involve the unlawful killing of another person. There are important legal distinctions between them. Murder involves an intent to kill or an intent to cause a bodily injury that is likely to endanger the life of someone. Manslaughter is the unintentionally killing of another person.
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These matters are typically complex. They generally involve a significant amount of evidence ranging from eyewitness statements, CCTV footage, phone downloads, medical and forensic reports and more. There are many defences to murder and manslaughter charges, including identity, self-defence, home invader defence, insanity and more.
Although the penalty for both murder and manslaughter is life imprisonment, the mandatory non-parole period is generally significantly less for manslaughter. Whilst lengthy prison sentences are generally imposed, there are many factors that will affect the final sentence including any mitigating or aggravating factors.
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There is a presumption against granting bail for anyone that is charged with murder.
There are situations where mandatory minimum sentences apply – for example if someone commits manslaughter when in the house of another person without their consent, must receive at least 15 years imprisonment.
Murder and Manslaughter trials happen in the Supreme court.
Anyone who is convicted of murder and refuses to cooperate with police and law enforcement authorities to disclose the location of their victim's remains will not be eligible for parole. Imagine if you are wrongfully convicted though?
Dr Hampson has access to excellent private investigators who assist him in complex murder trials.
If you have been charged with murder or manslaughter, it’s important you seek advice and representation from a lawyer who has firsthand experience in these types of cases, like our principal, Dr Clint Hampson. He has both legal and forensic expertise which makes him suitably qualified for these complex cases, such as the Scott Austic case.
Grievous Bodily Harm, Woundings & other Assault Charges
Assault charges come in various degrees of seriousness from Grievous bodily harm (GBH) to assaults occasioning bodily harm (AOBH), Assault occasioning death, woundings, serious assaults relating to public officers (APO) and more.
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The consequences vary, but most are serious and can have significant impact on your personal and professional life. The penalties range from fines to terms of immediate imprisonment and will depend on several factors including the nature of the charge, the circumstances of the offending, the injuries obtained and any aggravating or mitigating factors.
There are always two sides to any story. Our law provides several defences to assault charges including self-defence, provocation and prevention of the repetition of an assault. Dr Hampson has an in-depth understanding of how each defence operates and will be able to advise if they apply to your case.
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Convictions for Assaults against public officers (which includes law enforcement personnel, emergency responders, and other public officials) in prescribed circumstances will result in a mandatory term of immediate imprisonment.
Grievous Bodily Harm (GBH) is defined as bodily injury which either: endangers or is likely to endanger life or; causes or is likely to cause permanent injury to health
The defence of provocation does not apply to murder or any offence that does not have an assault as an element (which GBH does not).
If GBH is committed during the course of an aggravated home burglary by an adult offender, then the court must impose a term of at least 75% of the maximum penalty.
With these types of offences, the medical evidence is often crucial. Dr Clint Hampson with his medical science background is able to assess the veracity of any medical evidence relating to assault offences.
If you need advice or representation for an assault charge, please get in touch.
Drug Charges
Western Australia has the toughest drug laws in Australia. Drug charges can include simple possession, possession with intent to sell or supply, importation, cultivation, manufacture and more. You can be charged under State law (Misuse of Drugs Act 1981 (WA)) or Commonwealth Law (Criminal Code).
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There are several facts that will determine the seriousness of a drug charge including; the type of drug, the amount and purity of drug, an accused’s role or conduct, the circumstances of the offending, including whether there is any commerciality and the motivation for the offending. The nature of the charge and the amount of drug will determine whether the matter is resolved in the Magistrate Court or District Court.
The penalties handed down by West Australian courts are consistently higher than anywhere else in the country and include life imprisonment for the importation of certain drugs or the possession of a trafficable quantify methamphetamine with the intention to sell/supply it to another. Fines, community-based dispositions or suspended imprisonment orders can be imposed for less serious drug offences.
There are many defences available including knowledge, duress, or simply having an alternative intention. In drug cases, it is important to scrutinize the evidence carefully. DNA, fingerprints, phone downloads are all commonly relied upon by the prosecution, however there may be an innocent explanation for this evidence. Dr Clint Hampson, who has a wealth of forensic knowledge and experience will test not only the veracity of this evidence but dissect the police investigation. Dr Hampson has experience in defending large international importation matters, manufacturing cases and cases involving kilos of illicit drugs.
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If you possess more than 2gms of methylamphetamine, cocaine or MDMA, the law presumes you intended to sell or supply it to another.
The trafficable quantity for methylamphetamine is 28gms – if you are declared a drug trafficker, the State can take all your assets – whether they are legitimately obtained or from the proceeds of crime.
Police can request the pin codes for phones and other devices. Failing to provide this information is a criminal offence and can result in imprisonment.
Police have heard almost every codeword for methylamphetamine. So, when you say “the girl is in the tyres”, you “ain’t fooling no one”.
If you or a loved one have been charged with any drug offence, contact our office for advice.
Firearms & Weapons Charges
The laws concerning weapons and firearms in Western Australia are extensive and are found in many different pieces of legislation. Offences include unlawful possession, failing to safely store a firearm or ammunition and licensing offences. Prohibited weapons can include items like certain types of knives, knuckle dusters, OC spray and other dangerous items.
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Firearm and weapons charges in Western Australia can have serious consequences, depending on the type of firearm/weapon, the motive for possessing such item, and the surrounding circumstances of the case, including whether drugs or cash were found at the same time. Penalties can include significant fines or imprisonment.
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You can buy items from BCF or legitimately online, despite being illegal as soon as you walk out the door or receive them.
Under the Firearms Act 1973, an owner must have their firearm registered and they must also have a licence.
Applications for a firearms licence are made to the Western Australian Police and a licence will only be granted if a person has a valid reason for possessing a firearm.
Anyone now charged with a domestic violence offence must surrender any firearm in their possession.
Gel blasters, knuckle dusters and batons are all prohibited weapons.
If you need advice or representation for any firearm or weapons charges, please get in touch with Dr Clint Hampson.
Robbery, Burglary & Stealing Offences
Robbery offences involve stealing with the use or threat of violence. Burglary offences occur when someone enters the place of another person without their consent and commits or intends to commit ANY offence. These types of offences are serious and almost always result in terms of immediate imprisonment because the courts treat these offences seriously due to their impact on victims and the broader community.
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Dishonesty offences such as stealing, stealing as a servant and fraud can result in an ongoing detrimental impact to your life, well after the charges have been finalized.
Whilst the penalties for these types of offences often result in fines (terms of imprisonment can be imposed in more serious cases), having a dishonesty type conviction on your criminal record can affect your ability to gain future employment or restrict your ability to travel and it can damage your reputation generally.
Obtaining a spent conviction is something that every person who has been charged with a property offence should consider applying for as it will help reduce any ongoing detrimental effect from a conviction.
Often police don’t appreciate the subtle difference between a criminal offence of this nature and a civil dispute over property. Strong advocacy and persuasive negotiations can result in criminal charges being discontinued and the matter being pursued in a civil court between the parties.
There are several defences available to these types of charges and it is important that your lawyer explores these possibilities before providing you with advice. Dr Clint Hampson has been defending these types of cases for more than a decade. He will be able to identify any potential defence, challenge the evidence and develop a strategy focused on a successful outcome.
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Stealing involves an intent to take someone’s property – there are several different intents prescribed in our criminal law.
Any adult who has three burglaries convictions on a home (dwelling) on different days, faces mandatory imprisonment (at least 2 years)
Once upon a time if you stole something worth less than $1000, you could only receive a fine. The law has now changed to deter those that continually steal low value goods. Imprisonment is now a sentencing option in certain circumstances.
Most Aggravated Burglary charges must be dealt with in the District Court.
You don’t have to steal something for it to be a burglary. If you commit any offence whilst inside someone’s else’s property without their consent, then you will have committed a burglary.
If you have been charged with a robbery, burglary or stealing offence, please contact Dr Clint Hampson, an experienced criminal defence lawyer.
Offences Against Children
Offences against children are serious and can be emotionally taxing. The laws are designed to protect children and therefore any conviction of this nature is dealt with by terms of immediate imprisonment (unless there are exceptional circumstances). Any conviction against a child has further implications as you will be placed on a sex offender register and monitored by police for many years.
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Offences against children can include non-contact offences such as possessing child exploitation material, to contact offences including, indecent dealing or sexual penetration of a child, persistent sexual conduct with a child, or the use of an electronic communication to procure, or expose a child to engage in sexual activity etc.
These cases are complex and delicate in nature. Testing the evidence of small children requires tact, decency and respect. It’s a skill of its own. Often these complaints are not made until years later, placing an accused at a significant forensic disadvantage. There are specific rules about these issues and child complainant’s generally and it is important your lawyer is familiar with all peculiarities of child sex matters.
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Indecent dealing can be any improper physical contact or communication of a sexual nature with a child.
Deleted files on an electronic device can be recovered and still considered child exploitation material.
Minimum mandatory sentences apply in certain situations.
Anyone convicted of a child sex offence, will be placed on a sex offender register and monitored closely for years.
If you have been charged with an offence against a child, please call Dr Clint Hampson, an experienced criminal defence lawyer in child offences. 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.
Sex Offences
Sexual offences are among the most serious and sensitive legal matters one can face. They are emotively charged and often attract a lot of media attention. The simple act of being charged with a sexual offence can tarnish your reputation for ever, even if acquitted.
Sexual offences range from indecent assaults to sexual penetration and distribution of “revenge porn”. The associated penalties can be severe, ranging from fines to lengthy imprisonment.
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There are many defences to these charges including a denial that the acts even occurred, mistake of fact or the acts were consensual. Often these offences occur in privacy without any independent witnesses therefore the credibility of the person making the complaint is vitally important.
It is important you engage an experienced criminal defence lawyer who has experience in cross examining complainants in sex matters and is familiar of all the rules of evidence that apply specifically to sex cases – there are many. You need a lawyer who will challenge the evidence if possible, identify inconsistencies and implausibility’s in the complainant’s testimony.
Dr Clint Hampson ticks these boxes. He has been defending sex matters for more than 10 years. His cross-examination style of complainants in these types of matters is carefully constructed and well executed. He adapts his style depending on the behaviour of the witnesses and ensures he develops a good rapport with the jury. He will provide you with support and is committed to protecting your rights and dignity.
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“Consent” means consent freely and voluntarily given. Consent is not freely and voluntarily given if it is obtained by force, threat, intimidation, deceit or any fraudulent means. A failure of a person to offer physical resistance does not of itself constitute consent.
A person cannot consent if they are asleep, unconscious or so affected by alcohol or another drug that they are incapable of consenting.
A person is not guilty of rape if they had an honest and reasonable but mistaken belief that the victim consented.
These offences/allegations often occur behind closed doors, so trials will be often oath on oath.
There are special rules that apply to sex trials.
If you have been charged with a sex offence, please get in touch with Dr Clint Hampson, an experienced criminal defence lawyer.
Property & Damage Offences
Criminal damage encompasses a range of offences involving intentional destruction or damage to property belonging to another person. These offences can involve acts such as vandalism, graffiti, arson, and more. Criminal damage by fire is considered an extremely serious offence with the maximum penalty of life imprisonment.
Other less serious damage offences are often dealt with by fines of community-based orders. This will depend on several factors, including the extent of the damage, the value of the property damaged, any previous criminal history and the circumstances surrounding the offence.
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If you didn’t intend to cause the damage, then you have a defence to the charge.
If you are charged with criminal damage by fire, you may be able to negotiate by downgrading the charge to an alternative, less serious charges in the Criminal Code or the Bushfire Act. There are many ways to skin a cat.
It is not an offence to damage your own property.
The maximum penalty for damaging property with fire, is life imprisonment.
There are legal defences to these charges. Dr Clint Hampson has a wealth of experience in property and damage offences and will help you navigate the legal process to achieve the best outcome.
Fraud & White-collar Crime
Fraud and corporate crime charges can have far-reaching consequences, impacting both individuals and businesses. They can destroy the future and reputation of businesses and their directors.
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Fraud offences involve a range of deceptive acts aimed at financial gain, such as identity theft, credit card fraud, and more. White-collar offences involve illegal acts committed by businesses, their executives, employees or a combination of both. These offences can include insider trading, embezzlement, and more. These offences are generally complex and can involve huge amounts of document evidence. They often transcend into other areas of law including corporate law.
The penalties for these types of offences can be severe. They can include huge fines or even imprisonment. They can also result in the closure or restrictions on trade for the company.
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Penalties for fraud convictions can vary based on factors such as the extent of the offence, the financial loss involved, and any previous criminal history.
Fraud and deception-related offences are now one of the largest categories of offences from all levels of Australian courts.
Fraud offences can occur in many different circumstances – BEWARE of the SCAMS
Dr Clint Hampson works closely with other barristers who specialise in this complex area of criminal law. His meticulous approach to dissecting evidence is perfectly suited to handling these types of cases that usually involve complex business structures, convoluted paper trails and analysing business processes.
Spent Convictions
Having a criminal record (conviction) can create ongoing difficulties in your life when it comes to employment or travel. Many employers require a police clearance (both federal and state) as part of the application process for a job. Many countries refuse visas to those with criminal convictions.
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At your sentencing hearing, you can apply to have a conviction spent. If you conviction is spent, you are not legally obliged to disclose to anyone the conviction or any information relating to it. There are exceptions.
To be granted a spent conviction you will need to address the court on several issues including, the likelihood of committing a similar offence again, whether the matter was trivial, your previous good character and whether you should be relieved immediately of the adverse effect that the conviction might have. Sometimes this requires evidence of drug rehabilitation or your employment situation.
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You cannot apply for a spent conviction if you receive an intensive supervision order or a term of imprisonment as the penalty for the offence.
There is a full list of convictions/instances which exempt and individual from applying for a spent conviction. These can be found in the section "Schedule 3: Exceptions to Part 3" in the Spent Convictions Act 1988.
If you are not granted a spent conviction, you can appeal the decision to the Supreme Court.
You generally only get one spent conviction.
If you don’t apply for a spent conviction at the time of your sentencing, you need to wait 10 years until you can make that application.
Dr Clint Hampson regularly makes spent conviction applications for his clients, with great success. He will be able to advise you of the likelihood of being granted a spent conviction before you enter the court. He will always speak with the prosecution to get them on board as it is far easier if there is no opposition to the application. It may also help to know the general attitude of the Magistrate when it comes to these applications.