This is a case study on a council offence involving a husband and wife who had been fined and subsequently charged by the council for failing to lodge a certificate of compliance related to a pool and spa.
What is alleged to have occurred?
In around 2021, a couple who lives in the Bayside area lodged a pool and spa registration form and paid a registration fee. They did not hear anything back from the council. A couple of years later, they received some correspondence from the council in relation to the pool. Having forgotten they had already paid the registration fee, it was paid again. They awaited further advice from the council in relation to the steps they needed to undertake in relation to the pool and spa. They did not hear anything, until they received an infringement in the mail citing a failure to lodge a certificate of pool and spa barrier compliance.
The client had been awaiting a letter from the council for several months and was shocked to receive the infringement. It transpired that the council did send them a letter regarding the next stage of the compliance process, but it was not received on account of some disruptions to their postal service. They were able to rectify the situation and lodged a notice of compliance in relation to the pool and spa.
The infringement was only in the name of the husband. He wrote to the council and set out the circumstances and asked for the infringement to be withdrawn. They agreed. Soon thereafter, his wife received an infringement for the very same issue. They wrote to the council to seek a withdrawal of the infringement for the same reason that the husband had outlined. The council refused, and instead sought to initiate Court proceedings. They reneged on the offer to withdraw the infringement against the husband, and both were served with a summons to attend at Court.
What happened at Court?
This became a very stressful event for the couple. Both held professional roles that required their criminal records to be preserved. Ahead of Court, the lawyer engaged in extensive negotiations with the prosecution. The aim was to have the summons against both accused withdrawn. The most important thing to the clients was not having a conviction recorded against them. The lawyer was able to outline the chronology of events and demonstrated that failing to lodge a certificate of compliance was not the fault of the residents, and that the pool and spa were ultimately compliant.
What was the result?
The prosecution was ultimately persuaded to withdraw the charges against both. The wife was required to pay the fee associated with the original infringement, but the matter was ultimately withdrawn. This was the ideal outcome for the clients and demonstrates that pre-court negotiations with the prosecution can be highly effective in having charges withdrawn.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 11/11/2024
