Domestic Violence Offences – Community Corrections Order

Our client was charged with offences that arose in the circumstances of domestic violence. The summary and charges were negotiated to reflect what had occurred on the day in question. Our client had prior criminal history in relation to violence and, the last time he was before a Court, he was sentenced to a suspended sentence in relation to a similar factual basis as this case.

He faced charges of:

When our client first attended our office, he was warned that there was a significant risk of him getting an immediate term of imprisonment in relation to these matters in the context of his prior criminal history. He was referred by our office to an anger management program, “Ongoing Change”, which is group setting counselling for people who need to address challenging behaviours. The program is voluntary and meets once a week. For those who have been participating for a significant amount of time, they can become mentors in the program.

By the time this case was heard at Court, our client had been participating in the program for over 6 months. We acted on his behalf at the Sunshine Magistrates’ Court.

Information about “Ongoing Change” can be found at http://www.ongoingchange.org.au/.

Our client received a Community Corrections Order.

The Court was told about our client’s personal circumstances. He had been exposed to extreme domestic violence as a child and had been ultimately taken away from his parents for his own safety when he was 12. His parents had shown no interest in maintaining a relationship with him. He had done some basic counselling as a child because he was having night terrors and flash backs. He had not done any further counselling to address his own anger and his own reaction to stressful situations as an adult, until engaging in the “Ongoing Change” program. This held a significant weight for the Magistrate as it showed that our client had taken real steps towards his rehabilitation. It also showed that he had some capacity to change his behaviour and a willingness to engage in a formal Court ordered program such as a Community Corrections Order. This was ultimately accepted by the Court as an appropriate penalty in his circumstances.

 


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