False Imprisonment, Unlawful Assault and Criminal Damage – Adjourned Undertaking

Our client was charged with unlawful imprisonment, unlawful assault, and criminal damage. These charges arose when an argument between our client and the complainant, our client’s former girlfriend, escalated. Our client admitted to damaging property and to picking up the complainant and taking her inside their home after she had fallen down having left their home.

The unlawful imprisonment concerned the allegation that our client had forcibly taken the complainant back inside their home against her will. This charge was disputed.

Our client has no prior court history. He made admissions during his interview with the Police and was remorseful for his conduct. The complainant had also made a statement of no complaint shortly after her original statement to the Police.

Shaun Pascoe represented our client at the Heidelberg Magistrates’ Court.

Through a process of negotiation with the prosecution, the charge of unlawful imprisonment was withdrawn and downgraded to an offence of unlawful assault. The prosecution applied their discretion in downgrading the charges, and multiple factors
came into play including the evidence, the extent of our client’s admissions and mitigatory post conduct behaviour, the complainant’s attitude, lack of injuries (physical or mental), and the likelihood of successfully securing a finding of guilt against our client.

Our client pleaded guilty to unlawful assault and criminal damage, and received a bond to be of good behaviour and to pay a certain amount into the Court Fund. This outcome reflected the fact that both the criminal damage and unlawful assault charges were at the bottom of the spectrum in reference to criminality and objective seriousness.

 


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