This is a case study on a sentence of Community Corrections Order (CCO) for Assault and Criminal Damage.
Our client was a 60-year old man who, at the relevant date of the offending, had achieved significant success in business. The police charged him with Reckless Conduct Endangering Life, Intentionally Cause Injury, Recklessly Cause Injury, Criminal Damage, and Unlawful Assault.
What is alleged to have occured?
The allegations were that he assaulted his parents at their home following a heated argument. Several aspects of the narrative of events as alleged by the prosecution (which aggravated the seriousness of the alleged offending) were disputed. These disputed facts concerned the extent and gravity of our client’s actions, and the legal issue of whether his parents had sustained an injury.
What happened at court?
The case proceeded through the case conference and contest mention stages of proceedings in the magistrates’ court. By reason of successful negotiations with the prosecution, the case did not proceed to a contested hearing, and our client entered a plea of guilty to charges of Unlawful Assault and Criminal Damage.
We provided legal representation for the client at the Heidelberg Magistrates’ Court. The initial charges were:
Our plea in mitigation was enhanced with a bundle of compelling character references, and several medical reports which helpfully outlined matters personal to the client. Evident in character references and the psychological reports was our client’s remorse for his actions.
What was the result?
The magistrate ultimately accepted that having regard to all the available material, our client’s actions were out of character. The client received a Community Corrections Order (CCO) for Assault and Criminal Damage. The conditions of the order were that he complete unpaid community work and that he continue with the counselling he had already commenced. Critically, this CCO was made without conviction.
Elements of Assault:
Our client was a 60-year old man who, at the relevant date of the offending, had achieved significant success in business. The police charged him with Reckless Conduct Endangering Life, Intentionally Cause Injury, Recklessly Cause Injury, Criminal Damage, and Unlawful Assault.
What is alleged to have occured?
The allegations were that he assaulted his parents at their home following a heated argument. Several aspects of the narrative of events as alleged by the prosecution (which aggravated the seriousness of the alleged offending) were disputed. These disputed facts concerned the extent and gravity of our client’s actions, and the legal issue of whether his parents had sustained an injury.
What happened at court?
The case proceeded through the case conference and contest mention stages of proceedings in the magistrates’ court. By reason of successful negotiations with the prosecution, the case did not proceed to a contested hearing, and our client entered a plea of guilty to charges of Unlawful Assault and Criminal Damage.
We provided legal representation for the client at the Heidelberg Magistrates’ Court. The initial charges were:
- Reckless Conduct Endangering Life
- Recklessly Cause Injury
- Criminal Damage
- Unlawful Assault
Our plea in mitigation was enhanced with a bundle of compelling character references, and several medical reports which helpfully outlined matters personal to the client. Evident in character references and the psychological reports was our client’s remorse for his actions.
What was the result?
The magistrate ultimately accepted that having regard to all the available material, our client’s actions were out of character. The client received a Community Corrections Order (CCO) for Assault and Criminal Damage. The conditions of the order were that he complete unpaid community work and that he continue with the counselling he had already commenced. Critically, this CCO was made without conviction.
Elements of Assault:
- The accused applied force to the complainant’s body
- The application of force was intentional or reckless
- The application of force was without lawful justification or 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 07/02/2019
