Recklessly Causing Serious Injury Sentence Appeal – CCO, No Conviction

Our client and the victim were known to each other as distant relatives and had lived together. It was alleged that our client punched the victim once to the face, breaking his jaw, causing the victim to be hospitalised and require surgery.

Our client was charged with Recklessly Causing Serious Injury. On a plea in the Magistrates’ Court, he received a 3-month term of imprisonment which was wholly suspended. This sentence was appealed to the County Court.

We represented the client at the Melbourne County Court for the appeal.

On appeal, our client received a 100-hour community corrections order without conviction.

Our client was a young offender who had no previous criminal convictions. He came to Australia as a refugee and had received numerous scholarships for study and was one year off completing his degree. He had a bright future except for this offence.

The charge of recklessly causing serious injury is a serious offence and, normally, a term of imprisonment would be within the range of what would be considered a fair penalty, particularly given the injuries sustained by the victim. However, by putting to the court numerous materials that supported submissions that it was out of character, that a conviction would have a negative impact on our client’s future, and that a CCO is a more appropriate penalty, the court had a sound basis for making the order.

 


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