Assault Charges – No Conviction, Fine

This is a case study on assault offences resulting in a fine without conviction.

What is alleged to have occured?
Our client was involved in an altercation at a pub in St. Kilda. The victim had alleged that he was struck without provocation to the head by our client. As a result of the punch, he had his jaw and cheek bone broken and had significant bruising to his face and damage to his teeth. He was hospitalised for three days.

The CCTV footage provided a different version of events as to what was alleged in the victim’s and his friends’ statements.

What happened at court?
Our client was charged with the following:

We represented the client at the Melbourne Magistrates’ Court.

In the normal circumstances, the case would demand a term of imprisonment.

In negotiations with the Prosecution, we were able to have the summary of the charge amended to properly reflect the footage. We prepared a thorough plea that highlighted the different circumstances of this assault, our client’s excellent character, his contributions to the community, and his strong work history and good career prospects.

What was the result?
Our client ultimately received a fine without conviction sentence at the plea hearing for the charge of recklessly causing serious injury.

This was an excellent result because recklessly causing serious injury is a charge with a maximum penalty of 15 years imprisonment and there has been significant publicity about the prevalence of one-punch injuries and concerns that sentences have been inadequate.

Not only did we obtain a fine in this case but it is also without conviction, giving our client the opportunity to continue in his chosen field of employment and travel overseas without his sentence crippling his future.

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 14/04/2015