Assault Charges and Breaching an Intervention Order
Our client was charged with stalking and several counts of threatening to inflict serious injury, as well as using a telecommunication service to harass and breaching an intervention order. It was alleged that he had made over 2,000 phone calls and text messages to an ex-partner over a period of 12 days, with some containing threats to harm both her and her friend.
We represented the client at the Dandenong Magistrates’ Court for the following charges:
- Threats to Inflict Serious Injury
- Threats to Kill
- Threats to Destroy Property
- Use Carriage Service to Harass
- Breach of an Intervention Order
The Magistrate gave only one week to prepare for the contested hearing, which is an incredibly short period to give as time prior to a contested hearing. We had begun preparing our client much earlier on, advising him to compile any communications that he had received from his ex-partner. Because this was done well in advance, this ensured no issues with being able to proceed in only one week.
Consistent requests for the disclosure of documents, such as screen shots of missed calls and text messages, were made. Prosecution made several offers to our client to plead guilty to lesser charges, however our client confirmed instructions to plead not guilty. The afternoon before the contested hearing, it was agreed that all charges would be withdrawn provided that Defence sought no costs against Victoria Police.
This was achieved because of the preparation that had been undertaken before the Court hearing.
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