Avoiding a Term of Imprisonment for Assault Charges

AssaultThis is a case study on avoiding a term of imprisonment for assault charges.

Our client appeared before the court with two matters. The first was an assault where he punched his ex business partner to the face 4 times and spat on his face thereafter. The other was his ninth offence of drive whilst suspended.

Dee Giannopoulos acted on the client’s behalf at the Melbourne Magistrates’ Court. The charges were:

Prior to the plea, we advised our client to undertake the following:

  • regular counselling with a psychologist
  • road trauma awareness seminar
  • letter of apology to the victim of the assault
  • anger management program

Our client followed our advice and completed all of the above suggestions. During the plea hearing, material was tendered to evidence his engagement in relevant programs and the letter of apology submitted to show his remorse. The court was urged not to sentence him to a term of imprisonment which our client knew he was at real risk of because of the number of priors he had for Drive Whilst Suspended.

Her Honour accepted that our client was well on his way into the rehabilitation process and that he was capable of engaging in services on his own. She accepted that sending our client to prison would be a step backwards in promoting his rehabilitation. As such, in relation to all the charges, he was convicted and fined.

This is an amazing result. Our client went to court knowing that imprisonment was a very serious possibility. He was able to avoid a term of imprisonment for assault charges despite his priors for a traffic offence. He left court with the matters finalised and, more importantly, his freedom.

 


Dee Giannopoulosdee-giannopoulos-profile

Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

Visit Dee’s profile to read more about her background and experience.
 


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 07/02/2018