Adjourned Undertaking for Assault

AssaultThis is a case of Adjourned Undertaking for Assault.

Our client faced several charges arising out of an incident involving his former partner. These charges include Threat to Kill, Unlawful Assault, and Unlawful Assault With a Knife. He provided instructions that the prosecution summary of facts overstated the seriousness of what had really occurred and he disputed the Threat to Kill charges.

The case reached the Contest Mention stage of proceedings and previous discussions had concentrated on the disputed facts, and especially on the allegation of Threat to Kill. It must be noted that our client had no relevant court appearances, was employed, and was an otherwise productive member of the community. A period of 7 months had passed and our client had complied with the Intervention Order against him; and there had been no further adverse contact between our client and his former partner.

Shaun Pascoe acted on the client’s behalf at the Wonthaggi Magistrates’ Court.

The case resolved at contest mention after the prosecution agreed to amend the prosecution summary of facts and withdraw the offence of Make Threat to Kill. Accordingly, the summary read out to the magistrate was a less serious account of the incident that he was facing when first charged. Our client entered a plea of guilty and, following submissions to the magistrate, was placed without conviction on an adjourned undertaking for 12 months with conditions to be of good behaviour and to complete the Men’s Behaviour Change program. This was a good outcome – adjourned undertaking for assault – as our client was able to avoid a conviction and a more onerous order (such as a Community Corrections Order).

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 31/01/2017