We provided legal representation at the Heidelberg Magistrates’ Court. The charges were:
- Threats to Inflict Serious Injury
- Unlawful Assault
- Use a Carriage Service In a Harassing Manner
The matter resolved at contest mention. Materials were carefully analysed and we negotiated with the police prosecution.
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.
- 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.
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