Intentionally Causing Injury

The accused was 26 years of age, with no prior Court appearances or convictions. He was in Australia from China on a student visa, and was in his final year of study. He wanted to find work in Australia following the completion of his studies, and gain permanent residency. The accused had been in a relationship with his girlfriend, the complainant, for 6 months prior to the offending and the couple was living together. On the day of the offending, his girlfriend had caught him looking at other women on Facebook. An argument ensued during which the girlfriend threw her shoes at the accused. The accused started packing his things to move out of the apartment and during this time the argument escalated to the point where the accused punched his girlfriend once to the face, causing a black eye. The girlfriend left the apartment and called friends who came over immediately. The accused followed his girlfriend outside and an argument then ensued with a male friend who had come as the insistence of the girlfriend. The accused punched and kicked the male friend.

Police were called and an intervention order was placed on the accused. He was charged with Intentionally Causing Injury.

Two months after the imposition of the intervention order, the girlfriend went to Court to revoke the order as she wished to continue her relationship with the accused.

The accused pleaded guilty to two charges of intentionally causing injury (to the girlfriend and to the male friend). We represented him at the Moorabbin Justice Centre.

It was submitted to the Magistrate that the accused would benefit from undergoing an anger management program and programs to reduce re-offending, but that the recording of a conviction would have a serious impact on his future employment and travel, and in particular his future application for permanent residency. His girlfriend had written a letter to the Court explaining that they both had been involved in the argument, and that she wished to continue her relationship with the accused. The accused was placed on a Community Based Order (CBO) for 12 months, without a conviction being recorded.

 


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