The family had been at a birthday party and our client had consumed a significant amount of alcohol. The wife drove him and their child home. On the way, there was a verbal dispute in the car. Our client exited the vehicle and got a friend to take him back to the birthday party. His wife and daughter returned home. He was dropped off home by another family friend later in the evening having consumed further alcohol at the party. When our client got home, the verbal dispute with his wife continued and occurred in the kitchen. Our client had a knife in his hand and threatened his wife with it while she knelt at his feet. His daughter heard, but did not witness, the dispute and called the police.
Dee Giannopoulos acted on the client’s behalf at the Dandenong Magistrates’ Court.
The matter was listed for mention. It was an example of family violence that can be dealt with in the magistrates’ court. However, it is one of the more serious examples of family violence that the magistrates’ court would see. The magistrate described the offending as ‘disgusting’ and the treatment of the client’s wife was as though she was an ‘animal’.
A plea in mitigation was put on the client’s behalf and character reference and certificates were tendered. Even though our client had no prior criminal history, he was at a significant risk of immediate imprisonment when considering the current climate we are in and the negative views in relation to family violence.
Further, we were also able to persuade the magistrate not to convict the client on this occasion. It was impressed upon him the socio-economic effect that a conviction would have on our client and ultimately his Honour agreed to sentence without conviction. A CCO without conviction for family violence is certainly an excellent result for the client given the circumstances.
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 17/11/2017