This is a case study on a sentence appeal for assault and driving charges. Our client had been found guilty at a Magistrates’ Court following a contested hearing for the charges of Assault With a Weapon (his vehicle) and Careless Driving.
What is alleged to have occured?
Our client lives with his parents. At the time of the offending, a tradesperson was at the parents’ home undertaking some work. Our client got into a verbal altercation with the tradie as he did not want the work to go ahead. He then got into his car and moved his vehicle.
The vehicle struck the tradie on two occasions. Our client was also struck by the tradie with a spade. The client said that he did not mean to hit the tradie with the vehicle but he was moving it to a particular area as a protest against the works. He felt that he had been assaulted by the tradie.
What was the result?
The client had elected to proceed with a contested hearing rather than to accept a diversion as he was unhappy with its terms including writing a letter of apology.
Sophie Parsons acted on the client’s behalf at the Melbourne County Court on a sentence appeal for assault and driving charges. The charges were:
Our client received a second chance at diversion on appeal. The conditions of the diversion were negotiated so that he did not have to write a letter of apology. Instead, he is to attend the Positive Lifestyles Course with the Salvation Army and pay a donation to the Salvation Army of $500.
This was an excellent result. It means that our client has avoided a criminal history during the sentence appeal for assault and driving charges.
What is alleged to have occured?
Our client lives with his parents. At the time of the offending, a tradesperson was at the parents’ home undertaking some work. Our client got into a verbal altercation with the tradie as he did not want the work to go ahead. He then got into his car and moved his vehicle.
The vehicle struck the tradie on two occasions. Our client was also struck by the tradie with a spade. The client said that he did not mean to hit the tradie with the vehicle but he was moving it to a particular area as a protest against the works. He felt that he had been assaulted by the tradie.
What was the result?
The client had elected to proceed with a contested hearing rather than to accept a diversion as he was unhappy with its terms including writing a letter of apology.
Sophie Parsons acted on the client’s behalf at the Melbourne County Court on a sentence appeal for assault and driving charges. The charges were:
- Attempt to Recklessly Cause Injury
- Fail to Render Assistance After Accident
- Fail to Give Name and Address
- Assault With a Weapon
- Dangerous Driving
- Reckless Conduct Endangering Serious Injury
Our client received a second chance at diversion on appeal. The conditions of the diversion were negotiated so that he did not have to write a letter of apology. Instead, he is to attend the Positive Lifestyles Course with the Salvation Army and pay a donation to the Salvation Army of $500.
This was an excellent result. It means that our client has avoided a criminal history during the sentence appeal for assault and driving charges.
Sophie Parsons
Sophie is based in the firm’s Melbourne office and is one of the firm’s in-house counsel and trial specialists. As a trial lawyer, Sophie’s expertise lies in examining witnesses, making legal submissions before judges and magistrates, and addressing juries.Sophie is an advocate who regularly appears at the Magistrates’ and County Courts of Victoria. She handles appeals, contested committal hearings, bail applications, as well as pleas of guilty.
View Sophie Parsons’ profile.
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 27/04/2018
