CCO for Assault and Threat to Kill
Our client was walking on the footpath outside residential homes and was speaking on his mobile phone. He was speaking very loudly. A resident came outside and told our client not to speak so loudly outside his house. Our client became upset and told the man that he could not tell him where he can and can not speak on the phone. The argument turned physical, with our client punching the man in the face. The man went inside his house and our client went and started banging the front door, demanding that the man come back outside. He allegedly said loudly that he would kill the man. The man came back outside where he was able to restrain our client until the police arrived.
Kristina Kothrakis acted on the client’s behalf and was able to obtain a CCO for assault and threat to kill, including for one charge related to public order. Our client faced the Werribee Magistrates’ Court on the following charges:
Our client was a man in his late 40’s with no prior convictions. After having discussions with him, it became clear that on the day the incident occurred, he had been drinking. He was extremely stressed and upset, and was on the phone talking to his family who were overseas, pleading with them to come to Australia to help his family.
He has a son who is severely disabled, his wife was in a serious car accident and was not able to work for a long time, and he had just left his job. Our client was worried about how he was going to keep up with the mortgage repayments and look after his family. He did not want to have the phone conversation in the house so as to not worry the family. He was walking around his local streets. He was extremely concerned about the impact that a conviction would have on his ability to find work.
After reading the brief, Kristina did not agree that the charge of Threat to Kill could be made out, and she was successful in having that charge withdrawn and instead replaced with a summary charge of use threatening words in a public place. This offence carries a much lower penalty. Character material from the client’s friends and colleagues demonstrated that he was otherwise a dedicated family man. His actions were impacted upon by his stressful family situation, and were uncharacteristic. The Magistrate accepted this submission.
Ultimately, our client was sentenced without conviction to a Community Corrections Order for a period of 6 months.
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
Visit Kristina’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 28/09/2016