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Causing serious injury recklessly
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Assaulting or resisting Police
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Threats to inflict serious injury
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Assault
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Unlawful assault plea of guilty in the Supreme Court
Unlawful assault plea of guilty in the Supreme Court
ADLA member for - VIC
Written by
Paul McClure
Criminal Defence Lawyer
Assaults / Violence Offences
A Case Study: Unlawful assault plea of guilty in the Supreme Court
6257
The Name of the Offence
Unlawful assault
Place of the event - Unlawful assault
Heidelberg
The court attended - Unlawful assault
Melbourne Supreme Court
Acting Solicitor: Paul McClure
Facts of the Case - Unlawful assault
The client was charged with manslaughter and unlawful assault following what the police allege was an attack on a drunk man by three youths on a roadway in Heidelberg. Following a trial in the Supreme Court, the client was found not guilty of manslaughter by the jury and pleaded guilty to one count of unlawful assault.
Results Achieved
Given the client's age at the time of the offence, and his lack of prior Court appearances, it was submitted that the client's prospects of rehabilitation were very good. The Court was persuaded to impose a community based order (CBO) without recording a conviction. The Court was further persuaded not to order the taking of a forensic sample which would remain on a Police database indefinitely.
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
