Recklessly and Intentionally Cause Serious Injury – Wholly Suspended Sentence
Our client had been a security guard for several years. On a night where he was off duty, he was visiting friends at another venue and became involved in an altercation with some intoxicated patrons who were attempting re-entry. The altercation involved one of the young men being hit and receiving a gash on his head from falling onto the concrete. The other young man was punched and received a broken jaw, which required metal screws to be inserted. The incident was captured on CCTV. Our client was initially charged with a series of charges, including intentionally causing serious injury.
Overall, our client was charged with:
Kristina Kothrakis represented our client at the Melbourne Magistrates’ Court.
After viewing the CCTV, Kristina formed the view that the conduct of the accused had been incorrectly described, and that it was made out to be much worse than the way in which it ultimately proceeded (as described above). Kristina was able to persuade the prosecution to resolve the matter as a recklessly cause serious injury charge, as opposed to intentionally cause serious injury.
Kristina made an Application at the Magistrates’ Court for summary jurisdiction, which was successful. A plea in mitigation was conducted where excellent reference material was tendered which showed that our client is not normally a violent person, and that this behaviour was very much out of character. Our client had no prior convictions.
Our client was able to avoid an immediate gaol term. The Magistrate was very troubled by what he saw on the footage but agreed with Kristina that our client was otherwise of good character and had good prospects for the future. Ultimately, our client received a 6-month term of imprisonment which was wholly suspended for a period of 18 months.
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
Visit Kristina’s profile to read more about her 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