Criminal Damage and Use Telecommunications to Harass

Use Telecommunications to HarassOur client was charged with Criminal Damage and Use Telecommunications to Harass. The offending arose out of an incident where our client attended a former girlfriend’s home and caused significant damage to her car. Our client had a significant history of breaching intervention orders and had been imprisoned previously. It was also alleged that our client had contacted the complainant several times in the period that preceded the damage to her car (this was the subject of the second charge).

The prosecution had initially alleged $10,000 damage to the complainant’s car, but subsequently conceded that this amount could not be substantiated and so the charge was amended to an unknown amount. Our client pleaded guilty to a single charge of Criminal Damage.

Shaun Pascoe acted on the client’s behalf at the Heidelberg Magistrates’ Court. The charges involved were:

  • Criminal Damage
  • Use a Carriage Service in a Harassing Manner

Despite our client having a significant criminal history, and having a significant term of imprisonment for offences that were mainly connected with physical violence and breaching intervention orders, the court’s attention was drawn to the matters that mitigated the offending. These factors include: our client’s early plea of guilty, that it had been several years since our client’s last court date, and that the client had worked hard to rebuild his life after his incarceration.

The fact that our client had obtained and maintained full-time employment since his release from prison was a good evidence of our client’s rehabilitation. The court’s attention was also drawn to the fact that his offending was quite different from his prior offences which had involved property damage.

It was also significant that the prosecution did not proceed with the second offence (Use Telecommunications to Harass). During the summary case conference, the lack of evidence in support of this charge was discussed at length.

For the single charge of Criminal Damage, our client was ordered to pay a fine of $1,000. Although the fine was significant, the outcome was a pleasing one in that it allowed our client to repay the fine over 3 months. This enabled him to continue his employment without disruption.

This was an excellent result for a case involving Criminal Damage and Use Telecommunications to Harass.

 


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 29/11/2017