Assault Offences While Intoxicated
This is a case that involves an accused committing assault offences while intoxicated.
Our client had two charges of violence resulting from separate offences. One of the offences before the court on this occasion occurred at a licensed premises and occurred in the context of a large amount of alcohol being consumed. Society and the Magistrates’ Court take a dim view of violence that is committed in these circumstances. The client also has a prior conviction for a violent related offending.
Hester Kelly represented the client at the Melbourne Magistrates’ Court. The charges were:
The client ultimately received a modest fine and a good behaviour bond (with a condition to continue with counselling). This was an excellent result as the magistrate was initially considering a higher penalty (a Community Correction Order). We were able to advocate successfully for a lower penalty by giving the magistrate options that would address the court’s concern about mandating an ongoing treatment. The penalties would also still allow the court to show its disapproval of assault offences committed while intoxicated and other related behaviours.
Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.
Visit this page to know more about Hester.
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 02/03/2018