Conviction Appeal for Assault Police
Our client was charged with Assault Police and Resist Police. He was initially represented by different lawyers in the Magistrates’ Court where a plea had been submitted resulting in a conviction and a fine. The client decided to pursue a sentence and conviction appeal for Assault Police and the other charges.
It was important for the client that he receive a without conviction disposition for the offences. A conviction for the charges would create difficulties for his employment situation and he would be at risk of losing his job and other employment opportunities. Our client also felt that he had been unfairly and aggressively dealt with by the police. During the altercation with an officer that had given rise to the charges, he had suffered a blow to his eye which had caused some permanent damage.
As a result of the appeal, the client was still found guilty of the offences however the judge was critical of the conduct of the police in numerous ways. Our client ultimately received a without conviction disposition and a fine. The client can also now rely on the judge’s findings and criticism of the police conduct enough to pursue a civil claim against the police.
This was a good result, especially that the conviction appeal for Assault Police allowed for the initial conviction be overturned. This means that his current job and future career prospects are no more threatened by a record of a criminal conviction.
Sophie is an advocate who regularly appears at the Magistrates' and County Courts of Victoria. She handles appeals, contested committal hearings, bail applications, as well as pleas of guilty.
Check out Sophie's profile to know more about the depth of her experience in the field of law.
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 28/02/2017