Criminal Damage and Assault

Man With Fist ClosedThis is a case study on charges of Criminal Damage and Assault.

Our client was charged with Recklessly Cause Injury, Unlawful Assault By Kicking, Unlawful Assault With a Weapon, and Criminal Damage. He had a fight with his ex-partner which escalated, and she alleged that he assaulted her by kicking her and by using a pair of scissors. The brief had no evidence of any injuries consistent with an assault by kicking or lacerations using scissors.

Jessica Clothier acted on the client’s behalf at the Heidelberg Magistrates’ Court. The exact charges were:

This was a matter where case conferencing played a key role. Jessica took instructions from the client who explained his version of events. She wrote down the client’s version and it aligned with the photos in the brief. The summary was ultimately changed to reflect the client’s side.

Shaun Pascoe case conferenced the matter with the prosecution, and got the charges of Recklessly Cause Injury and Assault By Kicking withdrawn. He pointed out that the photos in the brief were not consistent with kicking or using scissors.

The client ultimately pleaded guilty to Criminal Damage and Assault. This was an excellent result given that he was looking at far more serious charges.

Elements of Assault:

  • The accused applied force to the complainant’s body;
  • The application of force was intentional or reckless; and
  • The application of force was without lawful justification or excuse.

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Jessica ClothierJessica Clothier

Jessica works from our Sunshine office and regularly handles cases at the Sunshine Magistrates' Court. She also represents clients at other Melbourne courts to ensure their right to a fair trial and the best possible outcome. Jessica has always been a fearless advocate and her skills in criminal law are acknowledged as early as during her university years.

Admitted to legal practice in April 2018, Jessica has completed placements at Springvale Monash Legal Service and at one of the top immigration firms in Australia. She graduated with Honours in Law in 2017 from Monash University and finished her Practical Legal Training at Leo Cussen Centre for Law.

Click here to know more about Jessica's 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 22/01/2019