Assault Charges – Without Conviction, Adjourned Undertaking

Our client was charged with ‘glassing’ another patron in a nightclub. She faced charges of intentionally causing injury, recklessly causing injury, and discharging a missile. Police alleged that she purposely threw her glass across the dance floor, aiming at the female victim and causing her injuries to the face before fleeing.

We represented the client at the Melbourne Magistrates’ Court.

After close scrutiny of the CCTV footage and summarising evidence from other patrons, it was able to be argued that the throwing of the glass was not intentional at all, and was flung in frustration without any aim whatsoever, and happened to hit someone.

The charge was downgraded to recklessly causing injury and the summary was amended to reflect this which led to the difference between a possible jail term to the imposition of a good behaviour bond (adjourned undertaking to be of good behaviour) without conviction.

 


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