If you have been charged with council offences, SAHARAN FAMILY & CRIMINAL LAWYERS can help you.

Local councils or local Governments have a wide number of charges that they prosecute. They range from charges relating to house improvements, and not getting building permits, to offences related to Dogs Act.

Often these charges are very minor. Sometimes these are important as they have a large impact when they relate to building works or a much-loved animal.

Please call our office and we will discuss your issue with you to see if we can help you.

Council charges

Have you been accused of your Dog causing injury to someone under Section 33 (D) (1) of the Dog Act 1978 ( WA) or

Have you been charged with offences relating to dangerous dogs under Section 33 GA of Dog Act 1976.

Pleading Not Guilty

Cases of this kind are stressful because no one expects their dog to harm another person. If you are facing a dog attack charge but don’t want to plead guilty, contact one of our office to discuss defences that are open to you. Charges are often withdrawn by the prosecution due to a lack of evidence. We can advise you on an effective case strategy that involves you understanding the risks, process and likely outcome.

Pleading Guilty

A dog attack is an unforeseeable event that an experienced criminal lawyer can put into context in court to evoke understanding and sympathy from the Magistrate. Courts understand that sometimes things can happen beyond our control – a lawyer is experienced at ensuring the court understands your side of the story.

Cases involving this offence are heard at the Magistrates’ Court.

FAILURE TO COMPLY WITH PLANNING SCHEME, AGREEMENT or PERMIT UNDER the Planning and Development Act 2005

 

This offence is committed by a person who used or developed land in contravention of, or failed to comply with a planning scheme, a permit, or an agreement under, the Planning and Developing Act 2005 ( WA).

Have you been accused of failing to Comply With the Planning Scheme, Permit or Agreement Under s218 of the Planning and Development Act?

Interview

Have you been contacted by the Authorities to be interviewed about an allegation of failing to Comply With the Planning Scheme, Permit or Agreement? It is important to speak with a criminal lawyer before speaking with the Authorities to make sure you understand your rights. You don’t want to answer questions which may compromise your defence.

An interview is part of the investigation. The investigator can use what you say as evidence to support a case against you in Court. Often the investigator has already decided that they will charge you, regardless of whether you answer any questions or not. They will not reveal the material they have gathered and you may inadvertently assist their investigation.

Pleading Not Guilty

If you want to fight a charge of Fail to Comply With Planning Scheme, Agreement or Permit, we will work with you to carefully examine the investigation and look for any issues. Something might have been missed, or there might be issues with the evidence the Authorities do have.

Our lawyers take a proactive approach when representing our clients and will conduct a thorough investigation.

Pleading Guilty

If you decide to plead guilty to Failing to Comply With the Planning Scheme, Permit or Agreement, our experienced lawyers will work with you to best prepare for a plea hearing. Our lawyers might be able to argue that the summary of offending should change because it may not accurately describe what happened.

We can also advise how best to prepare for the plea hearing, including organising character references and supporting materials. The preparation can make all the difference when you ultimately attend Court and appear before a Magistrate. Ultimately, in a case like this, they want to see there has been compliance.

Costs

The council offences are generally prosecuted by private law firms in Perth on behalf of various councils and costs are awarded to the successful party. If you were found guilty after a defended hearing, you could be liable to costs around $8000 for a one-day hearing under the applicable scale in WA. Similarly, if you successfully defended your charge, you can be awarded costs.