Aggravated Burglary & Other Charges – Withdrawn & Suspended Sentence

The client was a man in his mid 20s with some prior history of appearances before the Court, but nothing for violent offending. He had, prior to this offending, taken part in counselling to address an ongoing problem with drugs and alcohol. As part of the counselling process, his counsellor suggested that he spend time with his father, who was an alcoholic and had in the past been physically violent to the client.

The client took the advice of the counsellor and visited his father, who was drinking heavily with his friend (the eventual complainant). Subsequently, the client engaged in heavy drinking and smoking cannabis.

An argument escalated into a physical altercation and the client punched the complainant to the face before leaving the premises. Upon leaving, the client met his brother and the two of them returned to the complainant’s premises, locked him in his bathroom for a few minutes and stole some DVDs which they later pawned at Cash Converters.

The client was arrested and remanded in custody for a period of 10 months before being released on bail.

The client was initially charged with the more serious charge of aggravated burglary and there was an allegation that a firearm was produced at some point during the altercation.

Overall, the charges faced by our client were:

Following a committal hearing, the lack of evidence regarding the firearm was sufficient to warrant the prosecution withdrawing the charge of aggravated burglary and the client agreed to plead guilty to lesser charges of assault, false imprisonment and theft of the DVDs. We represented the client at the Melbourne County Court

On the plea hearing, the Judge was told how the client had spent 10 months in custody on remand for these matters, and during that time he had undertaken rehabilitation in relation to his alcohol intake and had not been charged with any further offences since his release on bail. He also had the continued support of his mother and his girlfriend of 8 years.

The client was sentenced to a partially suspended sentence, taking into account the time he had spent on remand and meaning that he did not have to return to prison as part of his sentence.

 


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