Threats to Kill and Other Charges – CBO

The accused was a 36 year old with many prior Court appearances or similar offending (he had been involved in the criminal justice system since the age of 13). He came from a very dysfunctional upbringing (his parents had been incarcerated for drug trafficking), limited education and employment, and had developed an addiction to illicit drugs such as heroin, amphetamines and cannabis, in addition to abusing alcohol.

He was pleading guilty to a variety of serious charges (including a ‘glassing’ incident) that had occurred over a 6 month period. Overall, the charges he faced were:

  • Make threats to kill
  • Intentionally causing injury
  • Burglary
  • Theft
  • Recklessly causing serious injury
  • Possess cannabis

Since the time of the offending he was maintaining abstinence from drug use and was attending counselling with a psychologist, who recommended that the accused undergo intelligence testing. A neuropsychological assessment was undertaken which showed that the accused’s intellectual functioning was ‘borderline’ and that he required assistance dealing with complex matters and information.

We represented him at the Broadmeadows Magistrates’ Court.

He was recommended for a Justice Plan, which would be supervised in the community by Disability Justice.

Despite the seriousness of the offending, the Magistrate was of the view that a Community Based Order (CBO), with the condition that the accused undertake a Justice Plan was appropriate. The accused was convicted and placed on a 12 month CBO, with the conditions that he comply with the Justice Plan and undergo treatment (where necessary) for drug and alcohol abuse. He was not required to complete any unpaid community work as part of 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