Assault Charges and Wilful Damage – Fine, No Conviction

Our client is a male in his mid 30’s who was travelling to Melbourne to visit a relative with only weeks to live. He became extremely distressed and, as a result, went out drinking with a friend to the point of intoxication.

He hailed a taxi, the driver of which was not willing to drive him. Subsequently he became agitated and kicked the taxi. A scuffle ensued and our client ends up with bitten fingers and the complainant with a broken tooth. Our client was taken to the hospital, was discharged, and returned to his place of residence interstate.

The alleged matter occurred 10 years prior to the matter being brought to Court. Our client was charged with:

Dee Giannopoulos represented our client at the Melbourne Magistrates’ Court.

Our client supports his partner and three young children and any conviction would have resulted in the loss of his employment. Submissions were made as to the delay in the matter being heard at Court and the detriment which a conviction or any result other than a fine under the amount of $1000 would have on his current and any future employment.

The Magistrate acceded to the submissions and sentenced our client without conviction to pay a fine in the amount of $400 for the injury charge in relation to the complainant. With respect to the damage to the taxi, the charge was proven and dismissed.

 


Dee Giannopoulosdee-giannopoulos-profile

Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

Visit Dee’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 25/02/2013