This is a case study on assault charges resulting in a Community Corrections Order.
What is alleged to have occured?
Our client was heavily intoxicated at a night club and, in the early hours of the morning, struck a patron without provocation causing significant facial injuries to the victim. He was charged with:
We acted on the client’s behalf at the La Trobe Valley Magistrates’ Court.
We negotiated the charge to the lesser charge of Recklessly causing serious injury, successfully applied to the court for a Magistrate to hear the plea, and our client was sentenced to a community corrections order.
Our client was a young man and had no prior offences. He was extremely remorseful. Nevertheless, the assault was vicious and there had been significant negative publicity about king hits/ coward punches.
Our client was petrified of going to gaol. He himself had been the victim of a serious assault a few years prior. By having the matter heard in the Magistrates court on the lesser charge, we significantly increased his chances of avoiding gaol.
What was the result?
Further we encouraged him to seek counselling. Medical reports were obtained about his own injuries and we had him assessed by a psychologist. The client also wanted to have his apologies heard and wrote both a letter to the court and the victim expressing his shame for his offending. He had a large family that all attended in support of him filling out the court room. The Magistrate ultimately agreed that a CCO was appropriate and the client should not go to prison.
What is alleged to have occured?
Our client was heavily intoxicated at a night club and, in the early hours of the morning, struck a patron without provocation causing significant facial injuries to the victim. He was charged with:
- Recklessly Cause Serious Injury
- Intentionally Cause Serious Injury
- Intentionally Cause Injury
- Recklessly Cause Injury
We acted on the client’s behalf at the La Trobe Valley Magistrates’ Court.
We negotiated the charge to the lesser charge of Recklessly causing serious injury, successfully applied to the court for a Magistrate to hear the plea, and our client was sentenced to a community corrections order.
Our client was a young man and had no prior offences. He was extremely remorseful. Nevertheless, the assault was vicious and there had been significant negative publicity about king hits/ coward punches.
Our client was petrified of going to gaol. He himself had been the victim of a serious assault a few years prior. By having the matter heard in the Magistrates court on the lesser charge, we significantly increased his chances of avoiding gaol.
What was the result?
Further we encouraged him to seek counselling. Medical reports were obtained about his own injuries and we had him assessed by a psychologist. The client also wanted to have his apologies heard and wrote both a letter to the court and the victim expressing his shame for his offending. He had a large family that all attended in support of him filling out the court room. The Magistrate ultimately agreed that a CCO was appropriate and the client should not go to prison.
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 04/08/2015
