Community Corrections Order for Road Rage Offences

Road RageThis is a case study on a sentence of Community Corrections Order for road rage offences.

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.

Eventually assault charges were made against the client and Brent Casey 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The matter was negotiated to have the most serious charge (Intentionally Cause Injury) withdrawn.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.

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. Brent was 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.

 
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Brent CaseyBrent Casey

Brent is based in our Broadmeadows office and has over 10 years experience in Criminal Law. An Accredited Criminal Law Specialist, Brent works hard to protect the rights of his clients and present their cases diligently and determined to get the best possible result.

Visit Brent’s profile to read more about his background.

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