Criminal Damage and Unlawful Assault – Adjourned Undertaking

The Police alleged that the offences arose out of a road rage incident, in which our client had allegedly damaged the complainant’s car and had threatened to assault the complainant. Our client had always maintained that his actions did not amount to an assault, and that the complainant had exaggerated aspects of his complaint. Further, the complainant himself was guilty of provocative behaviour through his deliberate dangerous driving (tailgating). Our client had no prior Court appearances and was gainfully employed.

Shaun Pascoe represented our client at the Dandenong Magistrates’ Court for the charges of:

  • Criminal Damage
  • Unlawful Assault

The matter was to proceed as a contested hearing. On the day of hearing, the Prosecution withdrew the charge of unlawful assault and downgraded the offence of criminal damage (indictable) to wilful damage (summary).

Our client received a without conviction outcome. We had applied for a diversion, however the Magistrate thought the circumstances to be too serious to approve diversion was given a Good Behaviour Bond.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

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