Assault and Driving Offences – Adjourned Undertaking
The charges he faced were:
- Threats to Kill
- Dangerous Driving
- Reckless Conduct Endanger Serious Injury
- Careless Driving
Our client had expressed genuine remorse in his interview with the Police and had admitted that his actions were unlawful. We represented the client at the Heidelberg Magistrates’ Court and he organised a report to be submitted to the Magistrate which evidenced the constructive steps our client had taken towards his rehabilitation, by reason of consistent attendance for counselling with his psychologist. Our client had also otherwise lived a blameless life, and the offending was specific to the difficulties he had experienced as a result of the breakdown of his marriage and the attendant issues relating to the children of that marriage.
Through negotiation with the Police Prosecution, the summary of events was heavily amended to withdraw allegations that were no longer the subject of charges. The Prosecution withdrew all charges except for the summary offences of dangerous driving and unlawful assault. The offences of make threat to kill, and reckless conduct endangering serious injury are indictable criminal offences and carry a maximum term of 10 years imprisonment, retrospectively. It was accordingly of some significance that these charges were withdrawn, and had a mitigating effect on what would have otherwise been the court penalty.
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