This is a case study on charges of Criminal Damage and Assault.
What is alleged to have occured? 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.
What happened at court?
We acted on the client’s behalf at the Heidelberg Magistrates’ Court. The exact charges were:
We case conferenced the matter with the prosecution, and got the charges of Recklessly Cause Injury and Assault By Kicking withdrawn.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.
What was the result?
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:
What is alleged to have occured? 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.
What happened at court?
We acted on the client’s behalf at the Heidelberg Magistrates’ Court. The exact charges were:
- Recklessly Cause Injury
- Unlawful Assault
- Criminal Damage
We case conferenced the matter with the prosecution, and got the charges of Recklessly Cause Injury and Assault By Kicking withdrawn.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.
What was the result?
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.
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
