This is a case study on a sentence of Community Corrections Order for road rage offences.
What is alleged to have occured?
Following a brief verbal argument with another driver, our client and the other driver stopped their vehicles on the side of the road. Our client then approached the other driver and punched him repeatedly until he lost consciousness.
What happened at court?
Eventually assault charges were made against the client and we provided legal representation at the Broadmeadows Magistrates’ Court. The charges were:
The incident was a serious example of ‘road rage’ type of offending which took place in front of a number of concerned onlookers. The offence was largely unprovoked.
The matter was negotiated to have the most serious charge (Intentionally Cause Injury) withdrawn. It then proceeded as a plea of guilty and submissions were made on behalf of the client to provide a context and explanation for the offending. In essence, the task was to persuade the court that an immediate gaol term was not appropriate.
What was the result?
After hearing submissions on the plea, her Honour ordered that the client be assessed for a Community Corrections Order (CCO). The client was assessed as suitable and her Honour imposed a treatment-only Community Corrections Order for the road rage offences, with a condition of undertaking programs as directed, specifically Anger Management.
This was a good outcome. Given the circumstances, a treatment-only Corrections Order with no punitive element was a very fortunate penalty. We were able to achieve this result through careful preparation and oral submissions to the court.
Elements of Recklessly Cause Injury:
What is alleged to have occured?
Following a brief verbal argument with another driver, our client and the other driver stopped their vehicles on the side of the road. Our client then approached the other driver and punched him repeatedly until he lost consciousness.
What happened at court?
Eventually assault charges were made against the client and we provided legal representation at the Broadmeadows Magistrates’ Court. The charges were:
The incident was a serious example of ‘road rage’ type of offending which took place in front of a number of concerned onlookers. The offence was largely unprovoked.
The matter was negotiated to have the most serious charge (Intentionally Cause Injury) withdrawn. It then proceeded as a plea of guilty and submissions were made on behalf of the client to provide a context and explanation for the offending. In essence, the task was to persuade the court that an immediate gaol term was not appropriate.
What was the result?
After hearing submissions on the plea, her Honour ordered that the client be assessed for a Community Corrections Order (CCO). The client was assessed as suitable and her Honour imposed a treatment-only Community Corrections Order for the road rage offences, with a condition of undertaking programs as directed, specifically Anger Management.
This was a good outcome. Given the circumstances, a treatment-only Corrections Order with no punitive element was a very fortunate penalty. We were able to achieve this result through careful preparation and oral submissions to the court.
Elements of Recklessly Cause Injury:
- The complainant suffered an “injury”.
- The accused caused the complainant’s injury.
- The accused was reckless about causing the 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 04/03/2019
