Aggravated Burglary and Contested Committal

Shaun Pascoe was briefed to appear at the contested committal of this matter. The client’s charges were too serious to be determined by a Magistrate at the Broadmeadows Magistrates’ Court, and so were destined for trial in the County Court. These include:

  • Aggravated burglary (intention to assault)
  • Intentionally cause injury
  • Threat to kill
  • other assault charges

The step prior to the transfer to the County Court was the contested committal, an opportunity to test the prosecution evidence to determine whether there was a case upon which a jury could convict.

Shaun’s cross-examination of several police witnesses laid the foundation for further submissions to the Director of Public Prosecutions prior to the County Court trial, that the police had not established the most serious charge of Aggravated Burglary and several of the alleged assault offences. The charge was withdrawn by the Director of Public Prosecutions before the trial started. As a result, the client was sentenced to one charge of intentionally cause injury, and one count of threat to kill.

 


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