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Aggravated Burglary, Threats to Kill, & Other Charges – Wholly suspended sentence

Following an altercation between the client’s wife and her family, the client went to the home of the complainant who had been responsible for physically and verbally abusing the client’s wife.

The client, when he arrived at the complainant’s house, broke some windows before entering, was armed with a knife, and made threats to injure the complainant.

Unbeknownst to the client at the time, the complainant was not there, but his elderly mother was.

The client was a man in his mid-30s with no prior Court appearances or convictions.

He was charged with:

The client always indicated an intention to plead guilty to breaking the windows of the house. However, he denied that he made threats to kill the complainant and said that they were threats to cause him an injury.

We acted on the client’s behalf at the Melbourne County Court.

At a committal hearing, the main witness called in the criminal prosecution of our client admitted that in in the client’s native language, the words for ‘kill’ and ‘hurt’ were very similar and she may have been mistaken about what she heard.

Using that evidence, we were able to have the prosecution withdraw the charge of making threats to kill and replace it with the less serious charge of making threats to inflict injury.

Given the client’s age and lack of prior Court appearances, despite the seriousness of the offence he was sentenced to a term of 8 months imprisonment which was wholly suspended for 12 months.

 


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