Use Carriage Service in a Menacing Manner, Breach IVO – Fine, Withdrawn
Our client was facing four charges. Two charges were for using a carriage service (his telephone) in a manner which a reasonable person would regard as being menacing towards his ex-partner. As there was an Intervention Order (IVO) in place at the time of these offences, he also faced two charges for contravening the terms of the IVO which prohibited him from contacting his ex-partner by telephone. If proven, these charges would place him in breach of a suspended sentence and, unless the client was able to show exceptional circumstances, the suspended sentence of four months imprisonment would be restored and he would be imprisoned for that term.
We represented the client at the Seymour Magistrates’ Court.
The two most serious charges of using a carriage service in a menacing manner were withdrawn. A fine was imposed for the breaches of the Intervention Order while no charge was filed for the allegation of breaching a Suspended Sentence.
Negotiations with the police prosecutor took place on the morning of the contest mention which resulted to the withdrawal of the two most serious charges of using a carriage service in a manner which a reasonable person would regard as menacing. The summary was also amended to remove reference to the content of the phone calls in which threats were allegedly made. The police prosecutor also agreed not to file a charge alleging breach of the suspended sentence. Our client pleaded guilty to the technical breaches of the intervention order and ultimately received a fine as a penalty.
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