The Department of Health and Human Services (DHHS) representatives took the grandchildren out of our client’s care soon after the incident occurred. The grandchildren disclosed the incident to DHHS workers and the client was subsequently charged.
We acted on the client’s behalf at the Melbourne Magistrates’ Court. The exact charges were:
- Intentionally Cause Injury
- Recklessly Cause Injury
- Intentionally Take Action Causing Harm
We met the client for an initial conference and was immediately struck by the seriousness of the offending given that she had no criminal history. The offending seemed extremely out of character. We asked the client about her mental and physical health history and it became readily apparent that the client had a complex mental health profile.
The evidence in this case was compelling and we advised the client to plead guilty at an early stage. This would ensure that the client would obtain a sentencing discount at the conclusion of the case. We worked with the client to determine an appropriate resolution to the matter.
We negotiated the charges with the prosecution and obtained the resolution our client wanted. Next, we prepared a thorough and considered plea for the client. We researched case law, commissioned a psychologist report, obtained character references, and held lengthy conferences with the client in the course of preparing the plea.
Although the offending was extremely serious, the mitigating factors we presented to the court persuaded the magistrate to sentence the client to a Community Corrections Order (CCO) rather than a term of imprisonment. A CCO for Intentionally and Recklessly Cause Injury with the given circumstances was an excellent result for the client. Conditions included in the CCO were for the client to complete 200 hours of community work, be supervised by the secretary and, most importantly, undergo treatment and rehabilitation.
- The complainant suffered an “injury”.
- The accused caused the complainant’s injury.
- The accused intended to cause injury.
- The accused acted 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 23/09/2019