The client was charged with Assault arising from an alleged glassing outside a nightclub.
What is alleged to have occured?
The client maintained that he was at all times acting in self defence as he was being set upon by a group of young men. One person was seriously injured with lacerations to the head and a fractured cheekbone.
What happened at court?
We represented the client at the Melbourne County Court.
The matter was set down for contested hearing, however ultimately all charges were withdrawn against our client prior to the contested hearing date.
What was the result?
The client was sentenced to serve 2 years imprisonment and it was declared 9 months of the sentence was time already served.
The gaol term to be served was significantly reduced from what is normally imposed through the defence presenting a number of psychological, psychiatric and medical reports outlining his mental state at the time of the offending. We also provided opinions about his future management and risk factors and were able to provide a comprehensive overview of his condition.
The Judge accepted the submission that he should not be a vehicle for general deterrence.
What is alleged to have occured?
The client maintained that he was at all times acting in self defence as he was being set upon by a group of young men. One person was seriously injured with lacerations to the head and a fractured cheekbone.
What happened at court?
We represented the client at the Melbourne County Court.
The matter was set down for contested hearing, however ultimately all charges were withdrawn against our client prior to the contested hearing date.
What was the result?
The client was sentenced to serve 2 years imprisonment and it was declared 9 months of the sentence was time already served.
The gaol term to be served was significantly reduced from what is normally imposed through the defence presenting a number of psychological, psychiatric and medical reports outlining his mental state at the time of the offending. We also provided opinions about his future management and risk factors and were able to provide a comprehensive overview of his condition.
The Judge accepted the submission that he should not be a vehicle for general deterrence.
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
