Good Behaviour Bond for Recklessly Cause Injury

Recklessly Cause InjuryThis is a case involving a sentence of good behaviour bond for Recklessly Cause Injury.

Our client was charged with Recklessly Causing Injury after an assault on a fellow inmate, in prison. There was a dispute between the two prisoners in the unit, which had escalated to the point where our client has punched the other prisoner to the face. Prison staff intervened and sought medical attention for the injured prisoner, however our client broke free from restraints and attacked the prisoner again, ultimately causing two black eyes and a cut above his left eye which required stitches.

We represented the client at the Broadmeadows Magistrates’ Court. The charges were:

Our client was eligible for parole at the time of the hearing of this plea – which meant that obtaining a good result was paramount.

We tendered a range of supporting materials from our client’s case workers and a number of psychological reports that had been obtained to explain to the court our client’s difficult personal history and circumstances.

By the time our client was charged and this matter was listed at court, almost 1 year had passed from the date of the incident. We argued that the police had no reasonable explanation for the delay, and that the delay had afforded our client an opportunity to demonstrate his good behaviour and progress towards successful rehabilitation.

After hearing further legal argument and careful consideration, the magistrate decided to impose a 12-month good behaviour bond for Recklessly Cause Injury and the Assault charge with a condition that our client be of good behaviour and that he continues his education whilst in custody. This was an exceptional result considering the serious nature of the assault, coupled with the fact that our client was serving a lengthy term of imprisonment for a similar offending.

 


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 27/04/2017