Assault Charges – Fine

Our client and his wife were at a party where our client was drinking significant amounts of alcohol. His wife drove him home and, in his drunken state, he fiddled with parts of the car and with the gear stick then played with her hair and neck causing his wife to momentarily lose concentration on the road. After a short swerve, she pulled over to the side of the road and got him to get out.

She drove off to the nearest petrol station to cool off. He threw a rock at the car in anger causing damage to its paint work. They had a verbal argument on the telephone which was overheard by people who had pulled over, including the Police, on the side of the road.

Our client was charged with reckless conduct endangering serious injury for distracting his wife at the wheel as well as unlawful assault (the Police alleged that he grabbed her neck and pushed it forward whilst driving). He was also charged with criminal damage to the car and with using offensive language in public as well as Threats to kill.

We represented the client at the Sunshine Magistrates’ Court.

Successful negotiations were had with the Prosecution and a further statement from his wife was obtained which assisted in negotiations about some of the facts in dispute.

The charges of reckless conduct endangering serious injury was withdrawn, and so too was the criminal damage (to what was successfully argued was his own car). The matter resolved as a plea to using offensive language with a significantly amended summary removing references to any actual assault (just non-consensual contact) and placing her/them in any real danger.

He was fined with no additional penalty.

 


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