Assault Charges – Community Corrections
Our client was charged with various assault offences that were allegedly committed against his girlfriend.
Our client’s girlfriend had returned home from a night out with friends when she was queried by our client about who she was out with. A verbal argument ensued which eventually turned physical. Our client admitted to pushing his girlfriend onto their bed, punching her in the head, and kicking her back. His girlfriend then fled into the street.
He chased her outside onto the street and pushed her into a car. She then fell to the ground and our client grabbed her clothes and dragged her along the ground in an attempt to return her to their residence. The girlfriend’s screaming was heard by neighbours who came outside and stopped the assault. Police then arrived and arrested our client. An intervention order was put in place. Our client was interviewed and admitted the offences and gave the following reason: “Because she lied to me, she made me angry. Her attitude is very bad.”
While our client had no prior convictions, this was a bad assault and the Court would not appreciate the explanation put forward.
He was charged with:
- Intentionally Cause Injury
- Recklessly Cause Injury
Josh Taaffe worked with our client and referred him to a psychologist for anger management and relationship counselling. He represented the client at the Melbourne Magistrates’ Court. Through negotiations with the Prosecution, two of the charges were dropped. On the guilty plea, Josh focused the Court’s attention on our client’s youth and lack of history, the end of the relationship, and low risk of further offending. It was pointed out that the explanation needed to be considered in light of the fact that it was given in our client’s second language. Our client’s own efforts at rehabilitation through counselling were emphasised to the Court
Our client avoided a sentence of imprisonment and was sentenced, without conviction, to a 12-month Community Corrections Order to receive supervision and counselling and to perform 80 hours of community work.
As an instructing solicitor Josh has specialised in handling complex matters, such as murder and terrorism trials, including State and Commonwealth Supreme Court trials. Josh is an Accredited Criminal Law Specialist.
Visit Josh’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