Breaching and Assault Charges – CCO, Gaol Term
Our client was facing allegations of persistent breaches of an intervention order, stalking, make threats to kill, and other similar offences. The parties involved were previously married. Allegations take place against a backdrop of a marriage breakdown and separation.
Our client had been placed on a wholly suspended gaol term (two months) for identical offending against the same victim only weeks prior to the current offending. The new offending placed him in breach of that suspended term. Our client was ultimately remanded in custody pending the outcome of his matters.
Overall, he was charged with the following offences:
- Breach Intervention Order
- Threats to Kill
- Use Carriage Service in a Menacing Manner
- Assaulting or Resisting Constables
We represented the client at the Broadmeadows Magistrates’ Court.
Following negotiations with the Prosecution, the matters went to a Contest Mention hearing. After hearing submissions from the defence and prosecution, the Magistrate indicated that he would activate the two-month suspended sentence on the old matter and impose a concurrent two-month sentence for the new offending. This meant that our client would only serve a total of two months gaol to finalise all matters – less the time he had served on remand already. Upon release, the Magistrate indicated that a Community Corrections Order would be imposed for 18 months to assist our client with any substance abuse or mental health issues. Our client was also ordered to complete 70 hours of unpaid community work as part of the order.
This was a positive result as it meant that there was no additional gaol time to be served in relation to the new offences. This was achieved through a process of negotiation with the prosecution which resulted in 25 of the original 36 charges being withdrawn or consolidated.
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 25/02/2013