Recklessly Causing Serious Injury Recklessly Causing Injury

The accused was a 22 year old with no prior Court appearances. He was charged with assaulting a patron at a hotel in country Victoria as part of a group of people that had assaulted the patron. No other people were charged as a result of this altercation, which had occurred some time ago in October 2007. The accused had not committed any offences since that time.

The accused indicated that he wished to plead not guilty to the charge. There was CCTV footage from outside and inside the establishment which was unclear as to who caused the injury to the patron.

We represented the client at the Kyneton Magistrates’ Court.

The matter was listed for a contested hearing.

Prior to the contested hearing, negotiations were had with the police prosecutors. As a result of these discussions, the police agreed to withdraw the charges of recklessly causing serious injury and recklessly causing injury if the accused would plead guilty to the lesser charge of assault in company on the basis that the accused was present at the time of the assault, but that the police could not establish who caused the injury.

The accused pleaded guilty to the charge of assault in company. He was fined $3,000 and no conviction was 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