These are hypothetical examples of situations we are often asked about, particularly by international students, temporary visa holders, small business owners and families with ties overseas. They are not past cases or results and do not describe any real person. They show how a matter is worked through and the range of outcomes Victorian law allows. Every case depends on its own facts.
Example 1: An international student charged with drink driving
Example scenario, not a real case or result.
The situation. A student on a student visa, holding a full licence, is intercepted after a dinner and returns a reading high enough for the matter to go to court rather than be dealt with by an infringement notice. Their main worries are their licence, a criminal record and their visa.
The key issues. Licence cancellation periods are largely set by law. The real questions are whether a conviction can be avoided, how the outcome must be disclosed in future visa applications, and whether the student’s course or work depends on driving.
How it would be approached. Check the testing procedure and timing; gather character references, academic records and evidence of the impact on study; complete a recognised drink-driver education program before court; and present the plea so the magistrate can properly consider not recording a conviction.
Outcomes the law allows. Depending on the reading and any history: a fine with or without conviction, licence cancellation and an alcohol interlock. A non-conviction outcome is possible in some cases but never certain. See Drink & Drug Driving.
Example 2: A restaurant owner whose bank account is frozen over cash deposits
Example scenario, not a real case or result.
The situation. A family restaurant banks its cash takings several times a week, often in amounts just under $10,000. The bank account is frozen and police ask the owner to attend an interview.
The key issues. Whether the deposits were deliberately split to avoid the bank’s reporting obligation (“structuring”), whether the money is legitimate business income, and how to get funds released so wages and suppliers can be paid.
How it would be approached. Advice before any interview. Then build a documented source-of-funds record: point-of-sale reports, BAS lodgements, rosters and bank statements, often with the business’s accountant. Respond to any restraining order promptly, including any application to release funds for living and business expenses.
Outcomes the law allows. No charge, a negotiated lesser charge, or prosecution. Penalties range from fines to imprisonment depending on what can be proved about intention and the amounts. See Money Laundering & Proceeds of Crime.
Example 3: Helping friends and relatives move money overseas
Example scenario, not a real case or result.
The situation. Someone regularly exchanges currency for friends, relatives and acquaintances: they receive Australian dollars into their account and arrange for the equivalent to be paid to family members overseas. Police later say some of the money came from scams and drug sales.
The key issues. Informal remittance is common, but the person may be charged with dealing with proceeds of crime under Victorian law or Division 400 of the Commonwealth Criminal Code. What they knew or should have suspected decides whether the charge is knowing, reckless or negligent dealing, or dealing with money reasonably suspected of being proceeds of crime. The maximum penalties differ greatly. Running a remittance service without AUSTRAC registration raises separate issues.
How it would be approached. Gather the messages, transfer records and relationships behind each transaction to show how the arrangement worked and what the person was told. Identify which transfers police can actually link to crime, and negotiate the charge and amount on that evidence.
Outcomes the law allows. Withdrawal of some or all charges, a plea to a lower-fault or reasonable-suspicion offence with a fine or community correction order, or imprisonment where knowledge and amounts are significant. Confiscation of funds is dealt with separately.
Example 4: A student who answered an online job advertisement
Example scenario, not a real case or result.
The situation. A student answers an online advertisement for a “payment processing” job. Money arrives in their account and they forward it on, keeping a small commission. Months later police say the money came from scam victims.
The key issues. The student may be both a victim of the scheme and accused of dealing with proceeds of crime. The key questions are what a reasonable person in their position would have realised, and how many transactions there were.
How it would be approached. Collect the advertisement, the recruiter’s messages, the payment instructions and the student’s own records, which often show how ordinary the arrangement was made to look. Get advice before any police interview, and address visa and university consequences alongside the criminal case.
Outcomes the law allows. Depending on the evidence: withdrawal, diversion, a plea to a negligence or reasonable-suspicion offence, or a more serious charge where knowledge can be proved. See Money Laundering & Proceeds of Crime.
Example 5: A tenant or house-sitter charged after a cannabis crop is found
Example scenario, not a real case or result.
The situation. A person is offered free accommodation or cash to live in a suburban house and “look after it”. Police raid the house and find a hydroponic cannabis crop. The person is charged with cultivation of a commercial quantity and trafficking.
The key issues. Whether the person knew about the crop and had any control over it, their real role compared with the organisers, the plant count and weight, and the risk of a long prison sentence and visa cancellation.
How it would be approached. Test the evidence of knowledge and control: who paid the rent and power, who had keys, what the phone shows. Check how plants were counted and weighed. If the evidence is strong, focus on role, timing of any plea, and the person’s circumstances.
Outcomes the law allows. Charges may be reduced or withdrawn if knowledge cannot be proved. Commercial-quantity cultivation is serious and usually leads to imprisonment, but a minor role and an early plea substantially affect the sentence. See Drug Trafficking Charges.
Example 6: A small business owner investigated over government payments
Example scenario, not a real case or result.
The situation. A small business owner relied on a bookkeeper or agent to lodge claims and returns with the ATO. An audit finds the business received payments it was not entitled to, and the matter is referred for prosecution.
The key issues. Whether the owner acted dishonestly or relied in good faith on someone else; who prepared and lodged each document; and the real amount involved, which should be checked carefully.
How it would be approached. Advice before any interview with investigators. Obtain the agent’s files and correspondence, have the figures checked, and consider early repayment arranged through the lawyer so it is properly recorded. Address directorship and visa consequences.
Outcomes the law allows. No prosecution, negotiated charges, or a plea with a fine, community correction order or, for large and deliberate fraud, imprisonment. Repayment is usually given significant weight. See Fraud & Deception Charges.
Example 7: A spouse named in a family violence intervention order
Example scenario, not a real case or result.
The situation. After an argument at home, police apply for a family violence intervention order. The interim order stops the respondent returning home and limits contact with the children. The respondent holds a temporary visa linked to the relationship.
The key issues. Housing, the children, any family law proceedings, employment and visa consequences. An intervention order is not a criminal conviction, but breaching one is a crime.
How it would be approached. Explain the options: contest the application, or consent without admitting the allegations, on conditions that allow safe contact with the children and collection of belongings. Coordinate with family law and migration advice.
Outcomes the law allows. The application may be withdrawn, resolved by consent with tailored conditions, or decided at a contested hearing. See Intervention Orders.
Example 8: A delivery driver after a serious collision
Example scenario, not a real case or result.
The situation. A food delivery driver on a temporary visa is involved in a collision at an intersection in which a pedestrian is seriously injured.
The key issues. Whether the driving was careless or dangerous, whether it actually caused the injury, and the driver’s licence, income and visa.
How it would be approached. Advice before any police interview, independent crash reconstruction, and analysis of CCTV, phone and app data. Then negotiation on the appropriate charge.
Outcomes the law allows. A careless driving charge with a fine, through to dangerous driving causing serious injury with imprisonment and at least 18 months’ licence disqualification. See Culpable & Dangerous Driving.
Talk to us about your situation
If something on this page sounds like your situation, send us your charge sheet, police summary or the letter you have received. We can arrange a paid online consultation in English or Mandarin. See Contact.
These scenarios are hypothetical illustrations only. They are not past results and do not suggest that any particular result will be achieved in your matter.