Courtney Ashton - Solicitor - Perth | Armstrong Legal

Courtney Ashton - Solicitor - Perth


Courtney Ashton – Solicitor – Perth

Criminal Law

1300 038 223

Courtney holds a Bachelor of Laws and a Bachelor of Criminology and Justice from Edith Cowan University and a Graduate Diploma of Legal Practice from the College of Law.

Courtney is a dedicated practitioner who enjoys a challenge and has competently completed many traffic and summary jurisdiction matters. Courtney enjoys advocacy and has appeared in a number of drink driving, assault and serious traffic matters including reckless and dangerous driving. She has a particular interest in assisting clients with understanding law in relation to traffic matters and is dedicated to a career in criminal law.

Courtney is compassionate and will listen attentively to her clients questions to try and resolve them the best way possible and assists them in navigating their way through what is undoubtedly, a stressful and difficult time. Courtney’s flexible communication style enables her to be a persuasive advocate for her clients.

Publications

My experience was a good one. They helped ease my mind and was very helpful.


She was perfect, thank you so much for your help.


Very professional and non-judgmental. Timely feedback within the proposed timeline.


Excellent, high level professionalism with great customer service and understanding personal circumstances. Costing reasonable, transparent and well managed.


Excellent, high level professionalism with great customer service and understanding personal circumstances. Costing reasonable, transparent and well managed.


Talk about Serendipity! Couldn’t have wished for a more helpful & motivated lawyer. Yes – peace of mind!



Suspended sentence for client guilty of seventh offence of driving without authority to do so

Our solicitor Courtney Ashton was engaged to assist a client who was facing their seventh conviction of driving with no authority to do so contrary to section 49(1)(a) and (3)(c) of the Road Traffic Act 1974 (WA).

The client’s prior offences had been committed over a period of 20 years and were coupled with numerous other convictions for traffic-related matters. The client had previously been subject to a suspended term of imprisonment, which had been imposed by the sentencing magistrate for the client’s sixth conviction.

It is well established under common law that a conviction for a person’s fourth, fifth, sixth, seventh or eighth driving without authority to do so offence warrants a term of imprisonment. It was the prosecution’s position in this matter that a term of immediate imprisonment was the only penalty open to the court.

However, following Ms Ashton’s submissions on behalf of the client, the client was sentenced to a further suspended term of imprisonment. This was a great outcome for the client who understood that an immediate term of imprisonment was likely to have been imposed.

Spent Conviction Order for client guilty of stealing and drug offences

Our solicitor, Courtney Ashton, was recently engaged to assist a client who had been charged with one count of stealing as a servant contrary to section 378(7) of the Criminal Code and one count of possession of a prohibited drug with intent to sell or supply contrary section 6(1) of the Misuse of Drugs Act 1981.

The client instructed us that they wanted to plead guilty and to apply for a Spent Conviction Order at the time of sentencing. This was very important to the client due to the nature of their employment. When a person is granted a Spent Conviction Order, the conviction for the offence will not show up on their National Police Clearance and therefore they are not required to declare the conviction (unless there is an exception under the legislation).

In order to grant a Spent Conviction Order, the court must be satisfied that:

  1. The person is unlikely to commit that sort of offence again;
  2. They are either:
    1. a person of good character; or
    2. the offence was trivial; and
  3. They should be relieved immediately of the effects of the conviction.

In most cases where a Spent Conviction Order is made, the applicant’s employment will be affected by the conviction.

Following the submissions made by Miss Ashton, the magistrate was satisfied that the client should be immediately relieved of the effects of the conviction as it was highly likely that all prospects of employment would be hindered by the convictions.

Whilst these matters were not trivial, the magistrate was satisfied that the client was unlikely to commit an offence of this sort again and was a person of prior good character.

An application for a Spent Conviction Order must be made at the time of sentencing. This outcome shows the value of having a lawyer who can identify the need for such an application to minimise the effect of the matter on the client’s future prospects.

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