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Intentionally cause serious injury, nolle prosequi application

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


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Assaults / Violence Offences

A Case Study: Intentionally cause serious injury, nolle prosequi application
27175

The Name of the Offence


Intentionally cause serious injury

Place of the event - Intentionally cause serious injury


Broadmeadows

The court attended - Intentionally cause serious injury


Melbourne County Court
Acting Solicitor: Paul McClure

Facts of the Case - Intentionally cause serious injury


The client was charged with intentionally causing serious injury and recklessly causing serious injury (in the alternative).  It was alleged that he had seriously assaulted another male in response to an attack by this male on the client's younger brother.  The client denied the charges, and pleaded not guilty.

Results Achieved


The matter proceeded to a committal hearing.  At that hearing, the eyewitness to the alleged assault claimed that he viewed the assault from underneath a motor vehicle, at night time, with a limited view of the assailant (i.e., he could not see his face).  Following the committal hearing, the matter was listed for a trial in the County Court.  A nolle prosequi was filed with the Office of Public Prosecution, seeking to have all charges against the client withdrawn on the basis of insufficient evidence.  The nolle prosequi was accepted, and all charges against the client were subsequently withdrawn.
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne