Assault, Threat, and Criminal Damage Charges – Withdrawn, CCO Without Conviction
Our client was originally charged with:
- Aggravated Burglary (intent to assault / person present)
- Threat to Kill
- Threat to Seriously Injure
- Criminal Damage
- Recklessly Cause Injury
The allegations were that our client had attended his former friend’s home and then broke and entered his way in and attempted to assault his former friend.
The Aggravated Burglary alleged an intent to assault. This intent to assault charge was at all times denied by our client, as were the alleged threats and the circumstances of the assault.
The offence of Aggravated Burglary, when alleging an intent to assault, is an offence that cannot be heard in the Magistrates’ Court and must be determined in the County Court. Accordingly, the matter was set down for a contested committal so that the prosecution evidence in support of the charge could be tested.
Shaun Pascoe represented our client at the Melbourne Magistrates’ Court.
After the second day of the committal hearing, and after the complainant had been cross-examined, the prosecution made an offer to resolve proceedings and withdrew the most serious offence of Aggravated Burglary (intent to steal) together with the threat charges and the criminal damage charge.
The withdrawal of the most serious charge and substitution of a charge of Aggravated Burglary (intent to steal) meant that the case could be heard in the Magistrates’ Court rather than the County Court. The charge of Aggravated Burglary (intent to steal) was also consistent with admissions made during our client’s record of interview.
After the Magistrate had heard much of the evidence as part of the committal proceedings, along with several unusual features of the case against our client, and had heard evidence which was markedly less serious than the original statements against our client, a without conviction Community Corrections Order was imposed for 12 months. This included conditions to complete unpaid community work, to attend for supervision, and to comply with directions to attend for counselling as directed by Community Corrections.
This was obviously an exceptional outcome as our client avoided a prolonged contested case in the County Court, had had the most serious allegation withdrawn (along with several other offences), and had received a without conviction outcome.
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 29/06/2015