Alan Phillips of our office instructed Tracy Thorp of Counsel for a trial before the Beenleigh Magistrates Court in November 2020.
Our client's home was subject to a search warrant. Phones were seized by police at that time. Police returned some time later with a further warrant signed by a Magistrate requiring her to provide access to her phone. She was warned that failure to do so would result in her being charged with an offence.
Our client declined to provide her pin code and she was subsequently charged.
The matter was listed for trial. On the morning of trial, further discussions were had with the prosecutor which resulted in an issue with the warrant being identified. Accordingly the charge was discontinued and our client was discharged.
Failing to provide a pin code is a very serious offence and is punishable by a maximum penalty of 5 years imprisonment. First offenders with no criminal history can be sentenced to terms of imprisonment if convicted of the offence.
If you are charged with a criminal offence contact Alan Phillips on 0403 846 238.
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