Assault Charges Whilst on Community Corrections Orders

This is a case study on assault charges whilst on Community Corrections Orders.

What is alleged to have occured?
Our client was alleged to have had repeatedly punched a work mate to the head during an argument, causing him to lose consciousness. The victim was hospitalised and still experiences vision problems flowing from the assault. The assault took place whilst the client was already on a Community Corrections Order for a previous violent offending.

What happened at court?
We acted on the client’s behalf at the Heidelberg Magistrates’ Court. The charges were:

The matter continued as a part-heard plea of guilty. We put forward detailed sentencing submissions to the court as to why the client should not receive a term of imprisonment on this occasion.

What was the result?
Despite the client having several prior matters for violence, and despite the assault charges having been committed whilst on Community Corrections Order, the court ultimately agreed to give the client another chance to avoid gaol time. The client was placed on a further Corrections Order with 200 hours of unpaid community work as well as treatment and counselling.

Elements of Intentionally Cause Injury:
  • Another person suffers injury; and
  • The accused person caused that injury; and
  • The accused person intended to cause that injury; and
  • The accused does not have a legal defence for causing that injury (self-defence for example).
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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 17/05/2019