The client had never been in trouble with the police before and was worried about going to jail. Jail was a real possibility given the public’s views of alcohol-fueled violence.
The case was heard at the Melbourne Magistrates’ Court and we acted on the client’s behalf. The charges were:
We watched the footage with the client and explained the seriousness of the assault charges arising from alcohol-fueled violence. We explained how important it was to prepare properly for a plea. We organized for our client to do an anger management course and an alcohol and drug course. These courses helped him understand what led to the offending and gave him tools for handling conflict in a better way next time.
Character references were also gathered for the client, and we made sure that these people came to court on the day. We disagreed with the prosecution about which charges should proceed and so we adjourned the matter to a contest mention. Dee Giannopolous appeared at the contest mention and sought a sentencing indication. This involved doing a plea and explaining our client’s life story and tendering his supporting materials.
It is sometimes important not to plead guilty straight away. A good lawyer will know which charges you should plead guilty to and which ones you should fight, and will give you sound advice about the best way forward.
- You applied force to the complainant’s body;
- The application of force was intentional or reckless; and
- The application of force was without lawful justification or excuse.
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 30/08/2019