Unlawful Assault, Urge Dog Attack, and Resist Police

Unlawful AssaultThis is a case involving charges of Unlawful Assault, Urge Dog Attack, and Resist Police.

Our client was charged with multiple charges of Urge Dog Attack, Unlawful Assault With a Weapon, and Resist Police. The charges arose out of an incident where the police and ambulance workers attended the client’s home for the purposes of conveying him to the nearest hospital for a mental health assessment.

During the incident, our client refused to leave and there was evidence that he had been drinking for several hours. Much of the earlier discussions with the prosecution concerned a factual dispute over the circumstances surrounding the allegations of the Unlawful Assault charges, and the allegation that the client had urged his dogs to attack the police.

Shaun Pascoe acted on the client’s behalf at the Heidelberg Magistrates’ Court for the charge of Unlawful Assault.

Our client instructed us that he would seek a sentence indication. It must be noted that he has no prior convictions and thus it was very important for him to avoid a conviction. The sentence indication obtained by the Magistrate was that a Community Corrections Order with rehabilitative conditions would be imposed, and that this order would be made without conviction.

By reason of further negotiations with the police, several charges were withdrawn – leaving one charge each of Unlawful Assault (with a weapon), Urge Dog Attack, and Resist Police.

The Magistrate appropriately recognised that our client was pleading guilty (upon acceptance of the sentence indication) and that he had no relevant priors. The extenuating circumstances of the alleged offending were also acknowledged, which featured long term mental health difficulties.

Further, the Magistrate was satisfied that our client’s life situation had become more stabilised since the offending, and that he was engaging in appropriate mental health services to address his long term depression.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his 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 21/11/2017