Affray and Unlawful Assault – Good Behaviour Bond

An assault occurred on our client a day before the alleged offence took place in relation to cultural differences.

The next day, our client and 3 of his friends approached the other group (5) in the cafeteria to confront them about the previous incident. The incident began as a verbal argument that very quickly escalated out of control into a physical fight. Everything was captured on CCTV footage. Several people were in the cafeteria at the time who were removed by security guards as the affray quickly got out of hand.

The fight become quite bloody with broken pool cues and chairs being used as weapons. Two of the co-accuseds were sent to the hospital with severe lacerations. One required 36 stitches to the head. Statements from independent parties made references to knives and rusty poles being used in the affray. There was a dispute as to who actually started the fight.

Our client was charged with:

  • Affray
  • Unlawful assault

We represented the client at the Broadmeadows Magistrates’ Court.

Statements of non-complaint were made by the boys and the assault charges were withdrawn by the Prosecution and the matter proceeded on 1 count of affray for all 9 involved.

Our client received a 12-month good behaviour bond without conviction and was required to make a contribution to the court fund. Lengthy discussions were held between the Informant, Prosecutor, and all counsel as how to resolve the matter with much of the negotiation taking place out of court.

A show of peace between the boys by shaking hands occurred on the day. It was agreed by all, including the Magistrate in the contest mention, that they were young men who had only recently moved to Australia from a war-torn country and, as the matter was some 18 months old, they had all learnt their lesson.

None had priors nor further matters pending. By minimising court time and resources to resolve the matter, the Magistrate took this greatly into account by providing the boys the opportunity of a non-conviction. The Magistrate took into account that they were all students and on benefits, thus keeping the contribution to the court fund minor with 3 months to pay.

 


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