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Doogue & O'Brien Testimonials
"I don't think I could have coped if I lost my trial. The preparation you put in was amazing."
Gary F
"I was proud that we stood up and fought the charges. I would have lost everything if I had been found guilty."
Peter L
"Your compassion during my time of need was outstanding. Many thanks."
Cameron A
"Lots of people kept telling me I should plead guilty except for your firm. You were right."
Lee W
"Everyone was judging me except for you. That support really helped me get through a terrible time."
John A
Uncharged Acts
Uncharged Acts
Assaults / Violence Offences
The Name of the Offence
Aggravated Burglary, False Imprisonment
Place of the event - Aggravated Burglary, False Imprisonment
Melbourne
The court attended - Aggravated Burglary, False Imprisonment
County Court
Facts of the Case - Aggravated Burglary, False Imprisonment
Our client, B attended at an apartment where he believed that the ex partner of his sister was present. Our client, angered by injuries caused by the ex-partner to his sister, intended to assault the ex- partner and forced his way inside. B discovered that the ex partner was not present and eventually calmed down and left the premises. The person who was actually present, D gave an initial statement where she described B calming down, handing over the scissors he was armed with and then leaving.
Some weeks later D provided another statement to the police wherein she alleged that B had led her upstairs in the apartment and told her he wanted to have sex with her.
B then faced charges of aggravated burglary and false imprisonment and a charge of assault with intent to rape founded on the second statement. We negotiated for the withdrawal of the assault with intent to rape charge and the matter was dealt with as a plea in the County Court.
The prosecution wished to lead evidence of the alleged assault and demand for sex as a circumstance of the plea. We argued relying on the case of R v Newman & Turnbull that any circumstances that could be the subject of a further serious charge could not be used to aggravate the offences to which B pleaded guilty. Eventually the prosecution conceded the point.
Results Achieved
B was sentenced to 24 months imprisonment with 21 months suspended for a period of 2 years and a two year community based order with 50 hours of community work.
