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.
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.
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.
Shaun Pascoe provided legal representation for the client at the Heidelberg Magistrates' Court. The initial charges were:
From our earliest meetings with the client, we emphasised the importance of placing material before the court which would identify the factors that contributed to the offending and which would demonstrated his commitment to getting better. Our client had made it clear that a conviction would have a devastating impact upon his ability to continue with his business, in particular the ability for him to conduct his businesses overseas.
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.
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.
- 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
Other related case studies:
- Criminal Damage and Unlawful Assault
- Criminal Damage and Assault Charges – Acquitted
- Assault Charges and Criminal Damage – Fine and Adjourned Undertaking
- Criminal Damage and Assault
- Assault Charges and Criminal Damage – Fine
He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.
Visit Shaun's profile to read more about his 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 07/02/2019