Family Violence – Without Conviction

This is a case involving family violence that resulted in a sentence without conviction.
The matter involved allegations of family violence between a client and an intimate partner. The allegations were disputed but resolved at contest mention after some charges were withdrawn. A sentence indication was sought from the magistrate.
Hester Kelly represented the client at the Frankston Magistrates’ Court. The offences allegedly committed were:

We provided references to the magistrate that highlight our client’s impressive employment history, his lack of priors for violent offending, and his personal circumstances.

The magistrate was able to appreciate that it was in the best interest of the community and the client if a disposition is imposed allowing our client to remain in the community.
Despite the serious nature of the charges, our client was able to avoid a term of imprisonment. Our client instead received an order which allowed him to undertake programs within the community aimed to reduce the risk of offending in the future.

A sentence of good behaviour bond and community corrections order for the offences related to family violence was imposed without conviction.

Hester KellyHester Kelly

Hester is based at our Melbourne office and was admitted to practice in 2014. She previously worked as an Associate to Judge Howard in the County Court of Victoria and was also a solicitor advocate at another Melbourne criminal law firm before becoming a member of Doogue + George.

Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.

View Hester Kelly’s profile.

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 10/08/2017