Unlawful Assault – Withdrawn, Costs Paid By Police
This is a case study on a charge of Unlawful Assault that got withdrawn and with costs being paid by the police.
Our client was charged with unlawful assault of a resident in an aged care facility where the client was working. The alleged victim suffered from dementia and was particularly aggressive on the date of the alleged offending. A co-worker claimed that our client punched the alleged victim to the eye. A bruise was found by staff later in the day.
By the time the matter went to court, the resident had passed away. The informant had recommended the client for diversion, however, the prosecutor at court withdrew the recommendation on the day of the diversion hearing. The client denied the offending but had been willing to participate in diversion so that the matter could be finalised. When diversion was withdrawn, the client elected to plead not guilty.
Negotiations were conducted with the prosecutors. Ultimately, the police agreed to obtain a further statement from the co-worker who claimed she saw our client “punch” the alleged victim. Our client always maintained that she did not intentionally strike the victim. If she did strike him, it was accidental and in the course of trying to restrain him. In a further statement, the co-worker said it was not intentional.
Through negotiation and pressure, the charge of Unlawful Assault was withdrawn by the police. An order was made for the prosecution to pay costs as agreed between the parties and for leave to apply to the court if agreement cannot be reached.
Since joining Doogue + George, Amelia has represented clients in a broad range of indictable offences including, manslaughter (one-punch laws), foreign incursion and terrorism related offences, importation of drugs, cultivation of drugs, and sexual offences. Her work has included trials in the County and Supreme Court, plea hearings and contested committals as well as appeals to the Court of Appeal. Amelia works closely with barristers including briefing Queen’s and Senior Counsel. Amelia also appears regularly at the Melbourne Magistrates' Court and suburban courts as a solicitor advocate.
Check out Amelia's profile to know more about her legal background and specialisations.
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 21/05/2018