Adjourned Undertaking for Criminal Damage, Other Charges Withdrawn

Adjourned Undertaking for Criminal Damage

Our client was initially charged with 4 offences of Criminal Damage. The allegations were that our client had intentionally damaged several cars in a car park in Eltham. The original claim for restitution was several thousands of dollars. It was not in dispute that our client was with a group of young men.

Our client had admitted to drinking alcohol and to have been affected by alcohol. He was the only person to have been charged with any of the offences but the identification evidence, as it related to all but one of the alleged vehicles, was not strong.

Our client had sought out counselling shortly after his arrest by the police and, by the date of the contest mention (several months later), had been continuing with that counselling.

Shaun Pascoe represented our client at the Ringwood Magistrates’ Court.

The prosecution withdrew all offences except for one offence of criminal damage and one offence of commit offence on bail.

Having regard to the relatively small damage associated with the vehicle in question, and because of the steps our client had taken to address his rehabilitation, the Magistrate imposed an Adjourned undertaking to be of good behaviour and to continue counselling. This was an exceptional outcome as several of the more serious criminal damage charges were withdrawn, and our client avoided a more onerous and punitive outcome such as a Community Corrections Order.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 22/06/2015