Adam Elbob - Solicitor - Werribee | Armstrong Legal

Adam Elbob - Solicitor - Werribee


Adam Elbob – Solicitor – Werribee

Criminal Law

1300 038 223

Adam Elbob holds a Bachelor of Laws and Bachelor of Arts with a major in criminology and a minor in policy studies. He completed his Practical Legal Training at the College of Law.

Adam is admitted to practise law in the Supreme Court of Victoria and the High Court of Australia.

Adam brings with him an array of experience in legal practice having been involved with community legal centres and private practice, and appears regularly in all criminal jurisdictions, in particular in the Magistrates’ Court.

Adam strives to provide the highest quality legal advice to clients in a timely manner. He works to deliver a positive outcome as well as a pleasant experience.

Publications

Diversion granted for client guilty of family violence

Our solicitor Mr Elbob appeared on behalf of a male in his thirties in the Werribee Magistrates Court on charges of unlawful assault and intentionally damaging property in a family violence contest. The maximum penalties for these charges included up to ten years imprisonment.

The accused had no prior offences and this was the first time he had been involved with the justice system and law enforcement authorities. The accused vigorously denied the unlawful assault allegations, however admitted that he had engaged in conduct, which constituted intentionally damaging property.

Prior to the matter coming before the court, Mr Elbob of our office reviewed the brief of evidence provided by Victoria Police and prepared written representations to the prosecution seeking withdrawal of the unlawful assault charge on the basis the client was acting in self-defence. In his representations to the Prosecution, Mr Elbob submitted that section 322M(1) Crimes Act 1958 provides that, for the purposes of an offence in circumstances where self-defence in the context of family violence is alleged, a person may believe that their conduct is necessary, and their conduct may be a reasonable response in the circumstances, even if they are responding to a harm that is not immediate or their response involves the use of force in excess of the force involved in the harm or threatened harm.

The prosecution agreed to withdraw the assault charge and make substantial amendments to the police summary of facts.  Mr Elbob then sought that the matter be referred to the Diversion Program, given the only remaining charge was intentionally damaging property.

The police agreed to the matter being dealt with through the Diversion program, which allowed the client to take responsibility for his offending without a formal guilty plea being entered and therefore avoiding a criminal conviction.

This matter shows that it is worthwhile investing in quality representation from the start to ensure the best outcome is achieved.

Community Corrections Order for client guilty of drug driving with significant criminal history

Our solicitor Adam Elbob appeared on behalf of a female in her forties in the Bendigo Magistrates Court for charges of driving whilst disqualified and drug driving. The client had a number of significant prior offences, most notably for repeatedly driving whilst suspended, possession of methylamphetamine, theft and refusing to accompany police to provide a sample of oral fluid. The maximum penalties for these charges included up to two years imprisonment.

Victoria Police had applied for forfeiture of the client’s vehicle.

The accused accepted responsibility for her offending and instructed Mr Elbob to complete a plea in mitigation.

Mr Elbob advised the client that she was at significant risk of being sentenced to a term of imprisonment and stressed the need for significant material in preparation for her plea. He encouraged her to begin counselling, to obtain reference material from close friends and to provide our office with a letter from her partner in relation to his reliance on the vehicle which was the subject of the police application for forfeiture.

At the plea hearing, Mr Elbob highlighted the client’s drug addiction and the steps she had taken to address it since her offending. The court was agreeable to sentencing the client to a community corrections order provided she was deemed suitable by Corrections Victoria. Following an assessment, the accused was deemed suitable and was sentenced to a community correction order for 18 months with conditions relating to treatment and rehabilitation but without any hours of unpaid community work.

Following sentencing, the court heard the application filed by Victoria Police for vehicle forfeiture. Mr Elbob submitted that forfeiture of the client’s vehicle would cause significant hardship to her partner and that the vehicle was the only asset of significant worth that the couple owned. The court refused the police application for forfeiture and did not make any further order for impoundment.

This matter shows that it is worthwhile investing in quality representation from the start to ensure the best outcome is achieved.

Police agree to withdraw application for Personal Safety Intervention Order

Our solicitor Mr Elbob made an appearance on behalf of a male in his forties at the Ringwood Magistrates Court. The client was the Respondent in an application made by Victoria Police for a Personal Safety Intervention Order. 

Prior to the matter coming before the court, Mr Elbob advised the Respondent that in order for Victoria Police to succeed in their application, they must prove that prohibited behaviour had been committed and was likely to continue. Mr Elbob encouraged the Respondent to consider the allegations detailed in the application filed by Victoria Police and the evidence which would support his version of events. He then canvassed that it would be in the client’s interest to conference the matter with Victoria Police and seek a resolution on a final basis.

The client instructed us to contest the matter and Mr Elbob conferenced the matter with Victoria Police and made known that we intended to bring an application to dismiss the intervention order application on the basis that there was no risk of any prohibited behaviour occurring in the future.

In response to this, Victoria Police agreed that there would be no need to take this matter to a contested hearing and agreed to withdraw the application.

Mr Elbob then made the resolution known to the court, which confirmed that the resolution could be facilitated without the need for an appearance saving the Respondent further legal costs.

This matter shows that it is worthwhile investing in quality representation from a lawyer who has a sound knowledge of the court process to ensure the best outcome is achieved.

Client guilty of serious traffic offences retains car after vehicle forfeiture order refused

Our solicitor Mr Elbob made an appearance on behalf of a male in his thirties at the Melbourne Magistrates Court on charges of driving whilst disqualified.

The maximum penalties for these charges included up to two years imprisonment. Victoria Police also filed an application for vehicle forfeiture which was to be considered by the court.

The client had a number of significant priors, most notably for repeatedly driving whilst suspended and at excessive speed. He accepted responsibility for the new offending and instructed us to enter a plea of guilty to the charges before the court.

Prior to the matter coming to court, Mr Elbob advised the client that he was at significant risk of being sentenced to a term of imprisonment as a result of repeat offending over a short period of time and stressed the need for significant material to support his guilty plea. Mr Elbob encouraged him to complete the Road Trauma Awareness Seminar, to obtain reference material from friends and to provide our office with a letter of reliance from his wife in relation to the vehicle that was the subject of the police application for forfeiture.

Mr Elbob highlighted to the court the steps the client had taken since the offending. In light of these submissions, the court was agreeable to sentencing the accused to a financial penalty.

The court then heard the application filed by Victoria Police for vehicle forfeiture. The vehicle was valued at $40,000 and Mr Elbob made submissions that forfeiting the vehicle would cause significant hardship to the client’s wife and that the vehicle was the only asset of significant worth to the couple. Mr Elbob then called the accused’s wife to give evidence in relation to her reliance on the vehicle and the impact that losing it would have on her family. The court refused the application for forfeiture and did not make any further order for impoundment.

This matter shows that it is worthwhile investing in quality representation from the start to ensure the best outcome is achieved.

Client guilty of repeat traffic offences avoids jail

Our solicitor Mr Elbob made an appearance on behalf of a male in his late twenties at the Sunshine Magistrates Court. The client was charged with driving whilst disqualified, driving an unregistered motor vehicle and theft. The maximum penalties for these charges added up to ten years imprisonment.

The client had a number of significant priors, most notably for repeatedly driving whilst suspended, excessive speed and theft. The client accepted responsibility for his offending and instructed Mr Elbob to enter a plea of guilty to the three charges before the court.

Before the court date, Mr Elbob advised the client that he was at significant risk of being sentenced to a term of imprisonment as a result of repeat offending over a short period of time and stressed the need for significant material to support his guilty plea. Mr Elbob encouraged the client to complete the Road Trauma Awareness Seminar, to engage in counselling services to address his mental health issues and to obtain reference material from friends.

Mr Elbob highlighted to the court the steps his client had taken since the offending and utilised large amounts of evidence in support of his submissions that the client had made significant changes to his life, which would act as protective factors against re-offending. In light of those submissions, the court was agreeable to sentencing the accused to a community corrections order for a period of 18 months with the condition that he perform community work.

This case illustrates the importance of quality representation and the value of a solicitor like Adam Elbob who cares about his clients’ circumstances and will work hard to ensure their cases are prepared and presented in a way that ensures the court gives full effect to every factor in a client’s favour.

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