Assault and Threat Charges – CCO, Fine

This is a family violence matter involving assault and threat charges by the accused against his former partner.

What is alleged to have occured?
The allegation was that a series of incidents had taken place over a period of seven days which involved several assaults. The conduct further included allegations of spitting at the former partner and threats to injure her and make her life hell.

What happened at court?
We provided legal representation at the Heidelberg Magistrates’ Court. The charges were:

The matter resolved at contest mention. Materials were carefully analysed and we negotiated with the police prosecution.

What was the result?
The results was that all but two of the charges were withdrawn as well as significant parts of the police summary being deleted. A plea was then presented on the client’s behalf and his Honour agreed that a Community Corrections Order (CCO)was the most appropriate outcome for the threat charge. For the Commonwealth offence of using a carriage service in a harassing manner, a fine was imposed.

In a serious family violence matter such as this, any sentence less than a term of imprisonment is a good result, especially where there were relevant criminal priors as there was here. The CCO and fine imposed for the assault and threat charges were an excellent outcome considering the circumstances of the case. The CCO imposed was for a period of 12 months and included 50 hours of unpaid community work. No treatment or supervisory conditions were included in the order.

Elements of Threats to Inflict Serious Injury:
  • The accused made a threat to the victim to inflict serious injury upon either the victim or another person.
  • The accused either intended the victim to fear that the threat would be carried out; or was reckless as to whether or not the victim would fear that the threat would be carried out.
  • The threat was made without lawful excuse.
Related case studies
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 27/02/2019