Affray and Recklessly Cause Serious Injury – Good Behaviour Bond Without Conviction

The offences arose out of a party that turned sour after our client perceived that his friend had been assaulted by the complainant. In his interview with the Police, he admitted to punching the older complainant several times in response to the injuries he believed had been sustained by his friend. The complainant received a fractured eye socket and broken jaw which required surgery.

Our client was 16 years old at the time of the offence and 18 by the time the charges were filed in Court. He had no prior Court history and had not offended in the period between the offence date and his Court hearing. He had also secured an apprenticeship and was an otherwise hard working young man by the time the charges were filed.

Shaun Pascoe represented him at the Heidelberg Children’s Court for the charges of:

  • Affray
  • Recklessly cause serious injury

Our client accepted responsibility for his offending very early and made admissions to punching the complainant. He agreed to a group conference in which he would be confronted with the complainant and his family to hear first hand the impact of his offending. He participated fully in the conferencing process and expressed his genuine remorse for his offending and his resolve to take greater control of his actions. The complainant did not attend the group conference.

At his Court hearing, our client wrote a letter of apology to the complainant and his remorse for his actions was obvious. He also produced letters of support from his current employer, a previous teacher and friends of his family. Fortunately, the complainant did not wish to see our client dealt with by way of a Youth Detention Order.

Our client was placed on a Good Behaviour Bond for 12 months.

 


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 25/02/2013