Recklessly Cause Serious Injury, Recklessly Cause Injury, Unlawful Assault

Client believed another man had damaged his car. He confronted this male about the damage. An argument developed.

The argument escalated with both men exchanging pushes and shoves. Client head butted the complainant to his face, and as a result the male sustained a fractured eye socket. Complainant taken to hospital with serious injuries, underwent surgery and was discharged from hospital 4 days later. A victim impact statement was tendered during the plea hearing, and this statement outlined the physical and emotional injuries sustained by the complainant.

Shaun Pascoe represented our client at the Heidelberg Magistrates’ Court for the charges of:

Upon a plea of guilty to the charge of Recklessly cause serious injury, the Court imposed an Intensive Corrections Order for 6 months.

The offence of Recklessly cause serious injury is at the upper rung of seriousness in the hierarchy of assaults causing injury, 2nd only to the offence of Intentionally cause serious injury. It is an offence that attracts a maximum of 15 years imprisonment.

Our client had no priors, held a responsible job, and a stable family.

Our client was able to avoid immediate imprisonment, but placing before the Court material which established that the incident in question was isolated and out of character. Further, he had constructively dealt with issues underlying the offending by consulting a psychologist and receiving counselling.

The Court accepted our client’s remorse was genuine and consistent with his plea of guilty to the charge.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

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