Family Violence – Without Conviction

This is a case involving family violence and without conviction as the resulting sentence. The matter was heard at the Magistrates’ Court and we provided criminal defence for the accused.

What is alleged to have occured?
The matter involved allegations of family violence between a client and an intimate partner. The details of the allegations were disputed but, following withdrawal of some of the criminal charges, they resolved at contest mention. A sentence indication was sought from the magistrate.

What happened at court?
We represented the client at the Frankston Magistrates’ Court. The matter was successfully handled being a case of family violence with a without conviction sentence ultimately imposed. The criminal offences that were alleged against our client were:

We provided references to the magistrate that highlight our client’s impressive employment history. His lack of priors for violent offending was also notable as well as his personal circumstances which were all emphasised in our submissions.

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.

What was the result?
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.
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