Family Violence – Accused at Risk of Being Deported
The case was heard at the Sunshine Magistrates’ Court and we represented the client during the contest mention stage of proceedings.
Overall, the charges were:
- Intentionally Cause Injury
- Recklessly Cause Injury
- Threats to Kill
- Contravene Family Violence IVO
- Use a Carriage Service in a Harassing Manner
An indication on sentence was provided by the magistrate which would have seen our client, who was not an Australian citizen, immediately deported. We asked that the matter be adjourned for a few days in order to receive instructions on the indication and also to prepare submissions to assist our client with staying in Australia.
The matter returned and through a combination of very thorough preparation and persuasive advocacy skills, the magistrate was persuaded to move away from the original sentence indication and reduce the period of imprisonment by a number of months. This enabled our client to avoid mandatory deportation.
Considering the circumstances of the matter, this was a good outcome for a case of family violence where an accused becomes at risk of being deported.
- A family violence intervention order has been made.
- The family violence intervention order has been served on the respondent, or the respondent has had an explanation of the order given to them by a person in accordance with sections 57 or 96.
- The respondent contravenes the order.
- The respondent had the requisite state of mind.
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 22/10/2019