Affray, Assault, Recklessly Cause Injury – No Conviction, Fine

This is a case study on assault offences resulting in a financial penalty without conviction.
Our client was out with a group of friends in the city celebrating a bucks night. An incident started out at the front of a club between our client and another patron. Our client’s friends saw some pushing and shoving and came in to help. A fight erupted and travelled down a city street. The victim was outnumbered and received injuries, although not serious.
Kristina Kothrakis represented the client at the Melbourne Magistrates’ Court on the following charges:

In the summary case conference process, we were able to amend the summary to properly reflect what the client said occurred that night. His main objective was to not receive a criminal conviction and this was important to him for work purposes. The charge of affray is a serious one, and which until recent years, was only able to be dealt with in the County Court. The court takes alcohol-fuelled violence very seriously and places a lot of weight on the principle of general deterrence, which essentially means imposing a penalty that will deter others from acting in the same way.

Our client had no prior convictions and was otherwise a contributing member of the community. We obtained character references to show this and also had documentary evidence from his employer outlining what the potential consequences of a conviction could be.
The magistrate was ultimately persuaded to deal with the matter by way of a fine and did not impose a conviction.

Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

View Kristina Kothrakis’ profile.

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 14/09/2015