Intentionally Cause Injury and Breach of Intervention Order Appeal in the County Court

Our client was charged with various assault charges and breach of an intervention order. The complainant was his girlfriend.

He contested his charges at Court and was not successful. The Magistrate, at the conclusion of the hearing, found him guilty of intentionally causing injury and breach of an intervention order. Our client appealed to the Melbourne County Court and Shaun Pascoe acted on his behalf.

Our client had no prior Court history at the time of the alleged offending and had led a blameless life. He had an excellent work history despite a traumatic upbringing. He commenced a dysfunctional relationship with the complainant and in this context the offending had occurred. For a period of 18 months since the offending, our client had desisted from having any contact with the complainant and had not committed any further breaches of the order.

The Sentencing Judge had reasoned that it was appropriate to impose a term of imprisonment but wholly suspended the sentence in recognition of the unusual circumstances of the offending, our client’s previous good character as supported by no prior offending and several testimonials from his employer.

The order of the Magistrate imposing 6 months immediate imprisonment was set aside and our client was ordered to serve 6 months imprisonment wholly suspended for a period of 12 months.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

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