The police arrived and a siege-type situation developed as the client remained inside the house. He had placed an imitation explosive device at the front of the premises and made the police aware of its existence. The police withdrew and the client discharged the pellet gun in their direction.
The police were not aware that the firearm was not real at that time. The client then walked towards the police holding the imitation explosive. With firearms drawn, the police demanded the client to place the item down, which he did. He ultimately surrendered by negotiation. He was arrested and charged with the following offences:
- Bomb Hoaxes
- Possess Prohibited Weapon
- Possess Imitation Firearm
- Threats to Kill
- Unlawful Assault
- Assaulting or Resisting Constables
The case was heard at the Dandenong Magistrates’ Court and we provided legal representation on behalf of the client.
It must be noted that the client had a history of violent offending and had previously received a term of imprisonment.
We sought and obtained numerous reports and supporting documents to demonstrate to the court the rehabilitative steps taken by the client. His family and other supports were present at court. The case primarily rested on oral submissions made to the court in an effort to persuade the magistrate that there was an alternative to an immediate gaol term.
The conduct of the case by our office was also a contributing factor to the result. It became clear very quickly that an unconditional plea of guilty was the only appropriate course of action. To maximise the value of the plea of guilty, we dispensed with the need for a case conference with the prosecution and kept any delays to an absolute minimum.
- The accused made a threat to the complainant to kill either the complainant or another person;
- The accused either:
- Intended the complainant to fear that the threat would be carried out; or
- Was reckless as to whether or not the complainant would fear that the threat would be carried out; and
- The threat was made without a lawful 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 02/09/2019