For the most part, our client made every effort to stop the scuffle. He stepped in between his friend and the complainant and copped a few blows himself. He, up until this point, had an argument for self defence to the charges of Recklessly Cause Injury and Unlawful Assault that was laid against him. However, he did then throw 3 clear (on CCTV footage) punches at the complainant. This took the self defence to excess. The complainant then grabbed our client’s legs, pulled him to the ground, and got on top of him.
Dee Giannopoulos represented the client at the Melbourne Magistrates’ Court for the charges of Recklessly Cause Injury and Unlawful Assault.
The prosecution agreed to recommend our client for diversion for the assault charges. If he were to be successful, he would not have a record. If he were not granted diversion by a magistrate, he would have a record and his position in the Defence Force would be in jeopardy.
On the day of the diversion hearing, the magistrate was not satisfied with the written submissions and wanted to hear from Ms Giannopoulos in relation to the matter. Ms Giannopoulos submitted that it would be imperative for the court to view the CCTV footage which clearly showed that the summary provided to the court by police was incorrect. It would also show that our client was not the instigator but rather, for the most part, was making every effort to stop the altercation. And although the client did throw a few punches, he ultimately ended up on the floor defenceless with the complainant sitting on him.
The magistrate agreed to watch the footage and ultimately accepted that this is exactly what occurred.
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 08/01/2018