Our client was charged with two domestic violence assaults on his partner, one included a contravention of an intervention order. Both were committed when he was heavily intoxicated.
Our client had a prior for domestic violence where he had served multiple years in custody. We referred him to the men’s behavioural change program and alcohol counselling. We also arranged for him to be assessed by a psychologist, who assessed him as being borderline intellectually disabled.
Overall, the charges he faced were:
- Criminal Damage
- Recklessly Cause Injury
- Unlawful Assault
- Aggravated Assault
- Discharge Missile
- Breach Intervention Order
We represented the client at the Sunshine Magistrates’ Court.
The matter was deferred for our client to be assessed for a justice plan. In the meantime, he continued his counselling on the return date. Even though he was deemed not eligible for a justice plan, he was still sentenced to a community corrections order.
This was an excellent result. The serious nature of the assaults and his significant criminal prior meant that prison was likely. However by demonstrating through his counselling that he had good prospects of rehabilitation, and also that his sentence needed to take into account his limited intellectual capacity, he was able to avoid prison and receive community corrections order.
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