Deike Kemper - Associate - Melbourne | Armstrong Legal

Deike Kemper - Associate - Melbourne


Deike Kemper – Associate – Melbourne

Criminal Law

1300 038 223

Deike Kemper holds a Juris Doctor (Master of Laws degree) from Monash University, a Graduate Diploma of Legal Practice from the College of Law and a Graduate Certificate of Forensic Psychology from Curtin University. She is admitted to practice in the Supreme Court of Victoria and the High Court of Australia.

Deike’s main area of practice is criminal law. She also regularly assists clients with matters relating to outstanding infringements. Deike has assisted clients with a wide range of criminal charges, ranging from driving offences, assaults, thefts to child pornography and sex offences more generally.

She is a keen, dedicated and hard-working lawyer who strives to achieve the best results possible for her clients. Deike is an exceptional professional, who has achieved many excellent results for her clients, as is evident from testimonials. As a solicitor, Deike has demonstrated her tireless commitment to achieving great results for her clients ever since.

When she is not working, Deike enjoys cooking, baking and painting as well as walking her dog.

Publications

Withdrawal of breach of FVIO charges

Our solicitor Ms Deike Kemper assisted a client who was charged with numerous counts of breaching a Family Violence Intervention Order by publishing caricatures of his children, who were protected persons, on his YouTube channel.

Ms Kemper made representations to prosecution to the effect that some elements of the charges could not be made out beyond a reasonable doubt.

Ultimately, all eight charges were withdrawn prior to the first appearance in court, saving the client substantial money in legal fees for court appearances as well as the need to take time off work. This matter shows that seeking assistance immediately upon being charged can assist in the prompt and economical resolution of matters.

Client initially charged with rape receives treatment-only CCO and fine

Our solicitor Ms Kemper commenced representation of a male accused of raping a sex worker in 2018. The matter was finalised in November 2020.

Whilst some delays occurred as a result of COVID-19, the length of the proceedings also demonstrates that at times commitment and resilience are needed to achieve the best outcome. Through the numerous appearances and negotiations with prosecution, the charge of rape was withdrawn and replaced with a much less serious charge, being the procurement of sexual intercourse by fraud. The maximum penalty that applied to the client thus went from 25 years to 5 years imprisonment.

Ultimately the detailed guidance by Ms Kemper and Counsel engaged by Ms Kemper, enabled the client to collate supporting documents, which greatly assisted in the mitigation of the offending. In addition to this the thorough preparation of plea submissions by Ms Kemper and Counsel, ultimately persuaded His Honour not to impose an immediate term of imprisonment, despite finding that the client had a high level of moral culpability.

Instead, the client was sentenced to a substantial fine in conjunction with a treatment-only Community Corrections Order, taking into account his personal circumstances and commitment to his employer. In all the circumstances, this is an excellent outcome and demonstrates the value a committed and dedicated legal team can have to the ultimate sentencing outcome.

Community Corrections Orders for brawl resulting in hospitalisation

Our solicitor Ms Kemper assisted a young male who had been involved in a fight involving multiple others at a venue in Melbourne, resulting in physical injuries to three victims, two of whom required ambulance transport to the local hospital.

The client had one prior offence on his record and it was the prosecution’s position that he should be imprisoned, relying on sentencing principles of denunciation and general deterrence.

Ms Kemper guided her client through the process of obtaining supporting documents that pointedly addressed relevant sentencing principles. She made written and oral submissions and was able to convince the court that a term of imprisonment should not be imposed. Instead, the young client was sentenced to a work-only Community Corrections Order.

Quality legal representation is important as it enables clients to pre-empt the concerns the court may have when determining a sentence.

Six Charges Withdrawn Against Client Guilty of Assault

Our solicitor Deike Kemper represented a 35-year-old male who had been charged with a total of seven offences, including a number of counts of unlawful assault and recklessly cause injury in relation to a prolonged family violence incident.

The accused had significant priors and the alleged conduct was very aggressive and derogatory.

Ms Kemper engaged in negotiations with the prosecution and the matter was able to resolve as a plea to just one charge of unlawful assault. She made submissions in mitigation at the plea hearing and the client received a fine.

This matter illustrates the importance of preliminary reviews of charges and negotiations with the prosecution, which can significantly impact the outcome of a criminal matter.

Adjourned Undertaking For Client Pleading Guilty Across Five Files

Our solicitor Deike Kemper was retained by a 53-year-old male who had two matters in court the following day. The matters related to numerous breaches of a Personal Safety Intervention Order.

When Ms Kemper attended court it became apparent that an additional three matters had been listed on the same date, all of which related to similar offending and included charges of unlawful assault. The client instructed her to finalise the matters as guilty pleas.

Thinking on her feet, Ms Kemper adjusted the submissions she had prepared and case conferenced the new matters with prosecution. The unlawful assault charges were withdrawn and the client was ultimately sentenced to an adjourned undertaking on all matters. This is a penalty at the lowest end of the sentencing scale.

The matter shows that legal representation can be of great value even if obtained at the last minute.

Time served for client guilty of multiple offences

Our solicitor Deike Kemper represented a 26-year-old male with a lengthy criminal history on charges of theft, driving offences, drug possession and family violence against numerous different victims. The client had a long history of drug abuse, which led to his spate of offending in 2020.

The client was remanded for one month before being granted bail on strict conditions.

After substantive negotiations with the prosecution on numerous matters, the matter ultimately proceeded to a plea hearing. Prior thereto, Ms Kemper worked closely with the client to ensure that substantial and quality supporting documents were available to be produced to the court, which ultimately enabled Ms Kemper to make submissions in mitigation, addressing the sentencing guidelines.

Having taken time to consider these submissions, the court ultimately agreed to release the male without having to serve any further time in custody. The risk of being sentenced to an additional further term was extremely high in this matter given the inherently grave nature of the offences and the number of offences before the court. However, the outcome demonstrates that quality representation and working closely together with your legal representative in the collation of supporting documents can have a significant impact on the sentencing outcome.

Diversion for client guilty of family violence

Our solicitor Deike Kemper represented a 47-year-old male, with no prior offences, who came before the court on charges of recklessly causing injury and the unlawful assault of his de-facto partner.

The charges arose after neighbours called the police, when they saw the victim attempt to run out of the home, but be dragged back into the home by the male, who was covering her mouth to dampen her screams for help. Prior to that, the client had caused the victim such fear that she peed her pants.

After thorough negotiations with police, the charge of recklessly causing injury was withdrawn and the male was recommended for diversion, something only done in exceptional circumstances in family violence matters. Ms Kemper then proceeded to prepare thorough submissions for the court to consider the matter ‘on the papers’. However, the magistrate initially refused to grant diversion on the basis that the breach of trust perpetrated against the victim was too serious for diversion, given also the prolonged nature of the assault (which continued for several hours).

The matter was then listed on another date to allow Ms Kemper to make further oral submissions on behalf of her client. After some back and forth with the magistrate, Ms Kemper was ultimately able to persuade the court that her client was a suitable candidate for diversion, despite the serious nature of the offending.

Diversion for client guilty of possessing and cultivating cannabis

Our solicitor, Deike Kemper assisted a 38-year-old female who had been charged with the cultivation and possession of cannabis after plants were found in her backyard.

The client did not have a prior criminal record and in light of her circumstances, Ms Kemper thought it reasonable to attempt to obtain the prosecution’s recommendation of the matter for diversion.

Diversion is generally considered out of range for drug trafficking or cultivation offending, due to the serious impact it has on the greater community. However, Ms Kemper was able to negotiate the female’s recommendation for diversion and subsequently spent substantial time drafting thorough submissions for the court to consider ‘on the papers’.

The court was persuaded to allow the matter to be dealt with by diversion with minimal punitive conditions because we addressed all relevant sentencing purposes and guidelines in a manner that directed the court towards diversion and because we guided the client to produce quality supporting documents.

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