This is a case study on a sentence of adjourned undertaking for assaulting and resisting emergency worker on duty.
Our client was initially charged with Assault Police and two charges of Resist Arrest. All charges were brought against our client under the Crimes Act (Assault/Resist Emergency Worker, section 31).
At the time of the incident, the client had no relevant prior convictions.
What is alleged to have occured?
The facts that gave rise to the offences occurred when the prosecution attended upon our client’s home after his wife had called the police following an argument. The client had been drinking and was adversely affected by alcohol when the police confronted him. The police allegations were that our client had deliberately spat upon police and had behaved aggressively.
What happened at court?
The case proceeded through the case conference and contest mention phases of proceedings in the Magistrates’ Court, but resolved prior to the contested hearing. Through a process of negotiation with the police prior to the contested hearing, several aggravating facts that had always been disputed were removed. Moreover, the serious allegation of assaulting police was withdrawn. It must be noted that obtaining a without conviction outcome was of utmost importance to our client.
We provided legal representation at the Heidelberg Magistrates’ Court on the charges of: The case proceeded as a plea of guilty to two charges of Resist Police under the Summary Offences Act rather than the more serious equivalent offences under the Crimes Act. Material was provided to the magistrate which evidenced the steps our client had taken towards his rehabilitation. This resulted in the magistrate commending our client for these actions.
What was the result?
The magistrate was ultimately persuaded to impose an outcome that enabled our client to continue his rehabilitation, in a manner that was not overly punitive. He was sentenced to adjourned undertaking for assaulting and resisting emergency workers on duty. The conditions were that he be of good behaviour for 12 months and that he continue to receive counselling through his medical practitioners. Most importantly, the client avoided a conviction.
Elements of Assaulting and Resisting Police:
Our client was initially charged with Assault Police and two charges of Resist Arrest. All charges were brought against our client under the Crimes Act (Assault/Resist Emergency Worker, section 31).
At the time of the incident, the client had no relevant prior convictions.
What is alleged to have occured?
The facts that gave rise to the offences occurred when the prosecution attended upon our client’s home after his wife had called the police following an argument. The client had been drinking and was adversely affected by alcohol when the police confronted him. The police allegations were that our client had deliberately spat upon police and had behaved aggressively.
What happened at court?
The case proceeded through the case conference and contest mention phases of proceedings in the Magistrates’ Court, but resolved prior to the contested hearing. Through a process of negotiation with the police prior to the contested hearing, several aggravating facts that had always been disputed were removed. Moreover, the serious allegation of assaulting police was withdrawn. It must be noted that obtaining a without conviction outcome was of utmost importance to our client.
We provided legal representation at the Heidelberg Magistrates’ Court on the charges of: The case proceeded as a plea of guilty to two charges of Resist Police under the Summary Offences Act rather than the more serious equivalent offences under the Crimes Act. Material was provided to the magistrate which evidenced the steps our client had taken towards his rehabilitation. This resulted in the magistrate commending our client for these actions.
What was the result?
The magistrate was ultimately persuaded to impose an outcome that enabled our client to continue his rehabilitation, in a manner that was not overly punitive. He was sentenced to adjourned undertaking for assaulting and resisting emergency workers on duty. The conditions were that he be of good behaviour for 12 months and that he continue to receive counselling through his medical practitioners. Most importantly, the client avoided a conviction.
Elements of Assaulting and Resisting Police:
- The accused assaulted or threatened to assault, or resisted or intentionally obstructed, a person.
- The person was an emergency worker on duty or a youth justice custodial worker on duty, or a custodial officer on duty.
- The accused knew or was reckless as to knowing whether the person was an emergency worker or a youth justice custodial worker or a custodial officer.
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 14/02/2019
