This is a case study on a sentence of good behaviour bond for violence offending.
What is alleged to have occured?
Our client was charged with violence offences relating to hitting and causing injury to his housemate and threatening to kill her. An intervention order was applied for and granted and he was bailed to attend court.
What happened at court?
Dee Giannopoulos represented the client at the Melbourne Magistrates’ Court on the following charges:
The client has a significant history of drug dependency and periods of psychosis resultant from the drug use. An opportunity presented itself for him to travel overseas to a rehabilitation service. He intended on pleading guilty to some of the charges but based on the fact that he had prior convictions for similar offending, it was very likely that the court would consider a sentence such as a Community Corrections Order. If he was required to undertake such a sentence, there would have been difficulties for him travelling overseas – even if the purpose was for rehabilitation.
Fortunately in this case, Dee was able to successfully secure a sentence of good behaviour bond for violence offending.
The matter proceeded to contest mention. During the time when he had instructed us to act on his behalf, we advised him to obtain material in support of the rehabilitative attempts that he had made to date, as well as an affidavit in support from the overseas provider. This will show that he was committed to engaging with the service overseas and also show what that service could offer to assist him.
Further, we obtained documentation to show where he would live and how he would financially support himself if he were permitted to leave.
The matter proceeded before the court and the material provided to the magistrate. Submissions were made as to the efforts our client had gone to in order to secure the rehabilitation service which was unlike any other he had previously engaged in.
What was the result?
The magistrate was concerned about the prior criminal history which was very similar to the current offending. However, she was persuaded in all of the circumstances to impose a lower-than-usual penalty: a good behaviour bond for violence offending which, in effect, will still allow our client to travel overseas. This was a lower penalty than he previously received for the same type of offending.
Elements of Intentionally Cause Injury:
What is alleged to have occured?
Our client was charged with violence offences relating to hitting and causing injury to his housemate and threatening to kill her. An intervention order was applied for and granted and he was bailed to attend court.
What happened at court?
Dee Giannopoulos represented the client at the Melbourne Magistrates’ Court on the following charges:
The client has a significant history of drug dependency and periods of psychosis resultant from the drug use. An opportunity presented itself for him to travel overseas to a rehabilitation service. He intended on pleading guilty to some of the charges but based on the fact that he had prior convictions for similar offending, it was very likely that the court would consider a sentence such as a Community Corrections Order. If he was required to undertake such a sentence, there would have been difficulties for him travelling overseas – even if the purpose was for rehabilitation.
Fortunately in this case, Dee was able to successfully secure a sentence of good behaviour bond for violence offending.
The matter proceeded to contest mention. During the time when he had instructed us to act on his behalf, we advised him to obtain material in support of the rehabilitative attempts that he had made to date, as well as an affidavit in support from the overseas provider. This will show that he was committed to engaging with the service overseas and also show what that service could offer to assist him.
Further, we obtained documentation to show where he would live and how he would financially support himself if he were permitted to leave.
The matter proceeded before the court and the material provided to the magistrate. Submissions were made as to the efforts our client had gone to in order to secure the rehabilitation service which was unlike any other he had previously engaged in.
What was the result?
The magistrate was concerned about the prior criminal history which was very similar to the current offending. However, she was persuaded in all of the circumstances to impose a lower-than-usual penalty: a good behaviour bond for violence offending which, in effect, will still allow our client to travel overseas. This was a lower penalty than he previously received for the same type of offending.
Elements of Intentionally Cause Injury:
- The complainant suffered an “injury”.
- The accused caused the complainant’s injury.
- The accused intended to cause injury.
- The accused acted without lawful justification or excuse.
Dee Giannopoulos
Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.
View Dee Giannopoulos’ 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 22/08/2019
