Intentionally Cause Serious Injury, Nolle Prosequi Application

The client was charged with Intentionally Causing Serious Injury and Recklessly Causing Serious Injury (in the alternative). It was alleged that he had seriously assaulted another male in response to an attack by this male on the client’s younger brother. The client denied the charges, and pleaded not guilty.

We represented the client at the Melbourne County Court.

The matter proceeded to a committal hearing. At that hearing, the eyewitness to the alleged assault claimed that he viewed the assault from underneath a motor vehicle, at night time, with a limited view of the assailant (i.e., he could not see his face). Following the committal hearing, the matter was listed for a trial in the County Court. A nolle prosequi was filed with the Office of Public Prosecution, seeking to have all charges against the client withdrawn on the basis of insufficient evidence. The nolle prosequi was accepted, and all charges against the client were subsequently withdrawn.


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 25/02/2013