This is a case study on Community Corrections Order for family violence. The matter was heard at the Heidelberg Magistrates’ Court and we provided legal representation for the accused.
What is alleged to have occured?
The circumstances of the case involve prior incidents that render the case as a significant family violence matter. The dispute was between a husband and a wife, and the wife was sent to the hospital with significant injuries. What was also notable was that the events took place in the presence of their young child who attempted to intervene.
As a result, our client was apprehended and sent to jail. He was refused bail due to the gravity of the allegations. He was also made to wait for the outcome of the matter while in custody.
It must be noted that the client had no prior history of offending. This fact helped us to secure a sentence of community corrections order for family violence.
What happened at court?
The case was brought before a magistrate at the Heidelberg Magistrates’ Court and we provided criminal defence for the client. For this matter, we were able to secure a sentence of Community Corrections Order for family violence.
Following submissions and deliberations, the matter resolved at an early stage. This was made possible, in part, due to negotiations with the police which saw the most serious charge (Recklessly Causing Serious Injury) to be withdrawn.
What was the result?
As a final step in the resolution, submissions were made to the magistrate who ultimately released the client immediately. It was declared that the 14 days the accused had spent on remand was sufficient in all the circumstances.
A treatment-only Community Corrections Order for family violence was also imposed to assist the client upon his release.
What is alleged to have occured?
The circumstances of the case involve prior incidents that render the case as a significant family violence matter. The dispute was between a husband and a wife, and the wife was sent to the hospital with significant injuries. What was also notable was that the events took place in the presence of their young child who attempted to intervene.
As a result, our client was apprehended and sent to jail. He was refused bail due to the gravity of the allegations. He was also made to wait for the outcome of the matter while in custody.
It must be noted that the client had no prior history of offending. This fact helped us to secure a sentence of community corrections order for family violence.
What happened at court?
The case was brought before a magistrate at the Heidelberg Magistrates’ Court and we provided criminal defence for the client. For this matter, we were able to secure a sentence of Community Corrections Order for family violence.
Following submissions and deliberations, the matter resolved at an early stage. This was made possible, in part, due to negotiations with the police which saw the most serious charge (Recklessly Causing Serious Injury) to be withdrawn.
What was the result?
As a final step in the resolution, submissions were made to the magistrate who ultimately released the client immediately. It was declared that the 14 days the accused had spent on remand was sufficient in all the circumstances.
A treatment-only Community Corrections Order for family violence was also imposed to assist the client upon his release.
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 12/07/2018
