Contravene Family Violence Intervention Order and Other Charges – ICO

The client was a 39 year old man with prior convictions for contravening Family Violence Intervention Orders. On this occasion there was an Intervention Order in place where his partner was the Aggrieved Family Member. He had approached the house in which she was living with her three young children, as well as telephoned her, both in contravention of the Intervention Order. When he had gone to the complainant’s house he had also damaged the front door in a fit of rage.

This offending breached a suspended sentence order (2 months imprisonment wholly suspended for 12 months) for similar offending against the same complainant.

The client had suffered from epilepsy since the age of 19 years, and had been on medication for that condition. The medication had recently been changed and since the change in medication he had began exhibiting mood swings, aggression and violence. His partner had tried speaking to the client’s treating doctor about having the medication changed, but to no avail.

As a result of this offending, the client was remanded into custody for the first time. He faced charges of:

The client pleaded guilty to the charges. We represented him at the Broadmeadows Magistrates’ Court.

At the plea hearing, evidence was given by the complainant, the client’s partner, where she stated that in her opinion jail was not appropriate for him and that she still supported him and wanted him to get help. She confirmed that his epilepsy medication had been changed and that he was a lot calmer. Evidence was tendered from the client’s treating doctor about his medication.

The Magistrate placed significant weight on the evidence of the complainant and commended her on her courage in being willing to continue to support the client.

The Magistrate found that the complainant’s attitude, in combination with the change in medication, amounted to exceptional circumstances and made no order in respect of the breach of suspended sentence (meaning that the 2 month sentence was not restored). On the new offences, the accused was sentenced to an aggregate of 6 months’ imprisonment to be served by way of Intensive Correction Order (ICO), which would allow the accused access to counselling services.

 


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 25/02/2013