Assault and Driving Offences – Adjourned Undertaking

This is a case study on assault and driving charges resulting in an adjourned undertaking and a licence cancellation for the mandatory minimum period.

What is alleged to have occured?
The alleged offences arose out of ongoing hostilities between our client and the partner of his former wife. The most serious allegation levelled against our client was that he had driven his motor vehicle in an attempt to chase the complainant and had deliberately pulled up along the side of the complainant and made threatening remarks. This formed the basis of the Make threat to kill charges. Our client had no prior Court history.

The charges he faced were:

  • Threats to Kill
  • Dangerous Driving
  • Reckless Conduct Endanger Serious Injury
  • Careless Driving
What happened at court?
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 It was accordingly of some significance that these charges were withdrawn, and had a mitigating effect on what would have otherwise been the court penalty.

What was the result?
The Sentencing Magistrate placed our client on an adjourned undertaking to be of good behaviour and to complete a men’s behaviour change program. The Court also imposed the statutory minimum of 6 month licence cancellation for the offence of dangerous driving.
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