Unlawful Assault and Contravene Intervention Order – Fine

Our client was charged with two separate breaches of an Intervention Order and one charge of Unlawful Assault in relation to his former partner. The charges placed our client in breach of a suspended gaol term of three months that had been previously imposed for similar offences involving violence against his former partner.

Following negotiations with prosecution, a sentencing indication was sought in relation to one charge only of Breach Intervention Order (with the other remaining charges to be withdrawn if the case resolved).

We represented the client at the Broadmeadows Magistrates’ Court.

After hearing submissions from the Defence, the Court indicated that it would impose a fine of $1000 on the remaining charge and take no action on the breach of the suspended gaol term. The case resolved on this basis and the client was given three months in which to pay the fine.

This was a very good result for the client, particularly as he was able to avoid serving the gaol term that had been previously suspended for crimes against the same complainant. The result was achieved through successful negotiations with the prosecution and in making a submission which persuaded the Court not to activate the suspended sentence or to impose an immediate gaol term for the new matters.


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