Assault Charges, Damage to Property, and Without Authority Enter Private Place

GavelThis is a case study on assault charges, damage to property, and Without Authority Enter Private Place.

Our client was a young man in his very early 20’s. He had been out with his friends at a local hotel, was drinking heavily, and became intoxicated. There had been an ongoing fight between himself and another boy over social medial posts. Our client became vocal and threatening towards that person. These threats were overheard by others in their group. The client threatened to go to the other boy’s house and kill him. He then travelled to the boy’s home and did yell threats to kill him and his family. These threats were heard by the members of the family and were taken seriously.

The family became very fearful for their safety. The father of the boy came out of the house to confront him and move him on. A physical altercation ensued. He was charged with a combination of charges arising out of the incident. He was interviewed by the police, and have his account of what happened. It was somewhat at odds with the victim’s statements.

Kristina Kothrakis represented the client at the Mansfield Magistrates’ Court. The charges were:

This matter which involves assault charges, damage to property, and Without Authority Enter Private Place was considered serious on a number of fronts. As a young man, he is in a category of offenders who appear regularly before the Court for alcohol-fuelled violent behaviour. Kristina’s task was to negotiate the charges with the police so that only those which fairly represent the conduct proceeded. We were successful in that regard. In taking instructions and in trying to understand what happened, and why, Kristina learned that the client had a long history of difficulties with his mental health and mood stabilisation. He had been diagnosed with ADHD as a child, and for years struggled to regulate himself through medication.

There had also been some incredibly stressful events which he had experienced leading up to the offence date. These would have been difficult for any adult to process, let alone a young man of his age and maturity level. He had no prior convictions and had not previously engaged in behaviour like that. He was so intoxicated that his memory was fragmented.

The matter was listed for contest mention. Following negotiations with the prosecution, favourable amendments were made to the summary and some of the charges got withdrawn. The remaining charges proceeded as a plea of guilty.

The client was embarrassed and ashamed upon learning the detail of his conduct, and was determined to do all he could to ensure that it doesn’t happen again. This included regularly attending upon a psychologist, a review of his medication, and ceasing drinking alcohol. We also obtained impressive character references which describe him as an otherwise focussed and capable young man. The incident was explained to the Court with this backdrop.

After hearing a plea in mitigation and considering the materials tendered on the client’s behalf, her Honour was persuaded to impose an adjourned undertaking, without recording any conviction against the client. The adjourned undertaking (or good behaviour bond) will run for a period of 12 months

This was a great result for a case that involves assault charges, damage to property, and Without Authority Enter Private Place. It was important to the client that he not receive a conviction and we were pleased that we were able to achieve this for him.

Elements of Threats to Kill:

  • The accused made a threat to the complainant to kill either the complainant or another person;
  • The accused either intended the complainant to fear that the threat would be carried out; or
  • Was reckless as to whether or not the complainant would fear that the threat would be carried out;
  • Was reckless as to whether or not the complainant would fear that the threat would be carried out;

 
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Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

Visit Kristina’s profile to read more about her 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 17/08/2018