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.
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 Moreover, the serious allegation of assaulting police was withdrawn.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.
- 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