Affray and Assault – Without Conviction

affray and assault without convictionThis case involved a highly publicised fight with 5 co-accused at a Melbourne Karaoke bar where CCTV footage was captured and aired on online media and news. Two victims (male and female) were seen being beaten by a group of males and the case was held out to be an example of alcohol-fuelled violence where strong sentencing was required.

We represented the client at the Melbourne Magistrates’ Court on the following charges:

We were able to view the CCTV footage and isolate our client’s involvement to 2 seconds out of the entire altercation. We also confirmed his lack of involvement in the second incident (female victim) entirely. Two of the co-accused received gaol terms and were deported. One received a with conviction Community Corrections Order.

We successfully negotiated a fresh summary that more appropriately depicted our client’s involvement (or lack thereof), reducing the charges from Intentionally and Recklessly Causing Injury to Affray and Assault. The magistrate ultimately imposed a fine without conviction.

 


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 29/10/2015