Criminal Damage, Behave Offensive Manner, Behave Insulting Manner, Drunk
The client had been working in Asia, teaching English, for the past three years. On a trip to visit friends he went out celebrating and consumed a lot of alcohol.
In a taxi on the way home he became verbally abusive towards the Indian taxi driver before damaging the gear stick of the taxi by kicking it.
He was charged with:
- Criminal Damage
- Behave Offensive Manner
- Drunk in Public
We represented the client at the Melbourne Magistrates’ Court.
The client was a young man in his early 30s who had a prior Court appearance from the Children’s Court when he was a very young teenager, but nothing since.
It was submitted that due to the client’s level of intoxication the racial slurs he made were out of character. He shares a house with an Indian person and has no problem with Indian people.
It was further submitted that the recording of a conviction for this offending would have a serious impact on his ability to retain his position as a teacher in Asia and would likely result in his employment visa being cancelled and necessitating his return to Australia.
The Magistrate accepted that the accused’s prior appearances in the Children’s Court were not directly relevant to the current offending.
He was placed, without conviction, on a 12 month good behaviour bond with the condition that he pay for the damage to the taxi and make a donation to a charity organisation chosen by the Court.
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