This is a case study on an offence of possess prohibited weapon allegedly committed by a former security guard. The charge was ultimately withdrawn by the Police and no finding was made by the court against the accused.
What is alleged to have occurred?
Our client was charged with using a prohibited weapon (an extendable baton) without an exemption. They had an argument with a neighbour over a text message and the neighbour then requested that our client meet them downstairs to discuss the matter further. Initially, our client refused but ultimately attended. Fearing that they would be harmed, they took an extendable baton for protection. Upon attending the location, our client was met with three people, including their neighbour. A further argument occurred before our client was brutally assaulted, resulting in them being punched in the head, falling backwards on concrete flooring and being left unconscious for some time. Our client’s baton fell out of their hands during the initial argument and was not used during the altercation. The client was then charged with using a prohibited weapon. The prosecution sought to progress this matter further on the basis that the charge could be proven beyond reasonable doubt. And while we did not dispute that the charge could be proven, we argued that there was no public interest in prosecuting a victim of an assault who had sustained such a serious head injury. It must be noted that our client had previously worked as a security guard and, as a result of this charge, had their security licence temporarily suspended. It was very important to our client that not only they avoid a criminal record but that they also have their licence reinstated. The Police also applied for an intervention order against our client, listing the neighbour as the protected person. This placed our client under significant distress given that the complainant and our client lived in the same building.
What happened at court?
The matter was heard at the Melbourne Magistrates’ Court and we represented the client on the charge of offence to use, carry or possess prohibited weapon. Our client came before the court with no prior criminal history. They were extremely distressed at the prospect of having to plead to a charge which resulted in them becoming severely injured. We guided our client in relation to obtaining supporting material that would assist their case. This included information around the injury sustained and regarding the client’s otherwise exemplary character. We then discussed the matter with the prosecution at court and, after extensive negotiations, the Police agreed to withdraw the charge.
What was the result of the possess prohibited weapon charge?
The Magistrate formalised the order and our client left the court without any finding made against them.
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 20/01/2025
