This is a case study on various assault charges resulting in a Community Correction Order that does not involve any unpaid community work.
What is alleged to have occured?
Our client was charged with multiple counts of making threats to kill and assault towards his family members. He is a person with a rough history, having served the best part of 25 years in prison and youth detention. Due to the charges, he was at risk of facing more time in gaol.
Despite the client’s prior criminal history, he had two saving graces. First, he was recently given custody of two of his children. Secondly, he was seeing a psychologist on a regular basis and was learning to deal with conflict better.
What happened at court?
We represented him at the Broadmeadows Magistrates’ Court on charges of:
During the plea, we made a submission to the sentencing magistrate explaining that the latter has the option to either imprison our client or he could give the client an opportunity to demonstrate to the court that he is committed to changing his errant ways. The magistrate agreed with the submissions and deferred our client’s sentence for 3 months. During this time, the client was to continue to work with his psychologist and participate in a men’s behavioural change program.
Before leaving court, the magistrate warned the client that if he did not do any of these by the time he returns for sentencing, he would be sent to gaol for making threats to kill and assault.
What was the result?
When the matter returned 3 months later for sentencing, the client had done everything he was supposed to and an updated report from the psychologist was tendered to the magistrate. The latter was so impressed that he placed the client on a Community Correction Order with only one condition – that the client continue to work with a psychologist. His Honour did not impose any unpaid community work.
Elements of Threat to Kill:
What is alleged to have occured?
Our client was charged with multiple counts of making threats to kill and assault towards his family members. He is a person with a rough history, having served the best part of 25 years in prison and youth detention. Due to the charges, he was at risk of facing more time in gaol.
Despite the client’s prior criminal history, he had two saving graces. First, he was recently given custody of two of his children. Secondly, he was seeing a psychologist on a regular basis and was learning to deal with conflict better.
What happened at court?
We represented him at the Broadmeadows Magistrates’ Court on charges of:
During the plea, we made a submission to the sentencing magistrate explaining that the latter has the option to either imprison our client or he could give the client an opportunity to demonstrate to the court that he is committed to changing his errant ways. The magistrate agreed with the submissions and deferred our client’s sentence for 3 months. During this time, the client was to continue to work with his psychologist and participate in a men’s behavioural change program.
Before leaving court, the magistrate warned the client that if he did not do any of these by the time he returns for sentencing, he would be sent to gaol for making threats to kill and assault.
What was the result?
When the matter returned 3 months later for sentencing, the client had done everything he was supposed to and an updated report from the psychologist was tendered to the magistrate. The latter was so impressed that he placed the client on a Community Correction Order with only one condition – that the client continue to work with a psychologist. His Honour did not impose any unpaid community work.
Elements of Threat to Kill:
- The accused made a threat to the complainant to kill either the complainant or another person.
- The accused intended the complainant to fear that the threat would be carried out or was reckless as to whether or not the complainant would fear that the threat would be carried out.
- The threat was made without a lawful excuse.
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 26/02/2019
