Withdrawing an Assaulting or Resisting Constables Charge

withdrawing an assaulting resisting constables chargeOur client had been out drinking with some friends and had become highly intoxicated. There were uniformed police members nearby in a stationary car. He went up to the car and lent on it. He refused to comply with requests for him to get off, and he became abusive and belligerent. Police formed the opinion that he was drunk in a public place and attempted to arrest him. He resisted arrest and in the process pushed a police officer with two hands to the chest. They took him to the ground and placed cuffs on him. When he was brought back up, he turned his head, and spat on the face of one of the officers, which made contact. He was taken to the station and lodged for being drunk. He continued to be abusive and aggressive towards police at the station.

The client was charged with Assaulting or Resisting Constables and other charges.

Kristina Kothrakis represented the client at the Melbourne Magistrates’ Court. She ultimately succeeded in withdrawing the Assaulting or Resisting Constables charge for this case.

Our client was 30 years of age and had a prior matter for violent offending. Following this incident, he recognised the negative effect that his binge drinking was having on him. He took action and went on a mental health plan, and engaged with a psychologist to address his drinking. It was much needed therapy, as he and his partner had just had their first child together.

Our client was a person who overcame great adversity in life, and was able to get a good job and succeed in life. We produced supporting documentation from his counsellor and also other character material. Since he was addressing the underlying cause to his offending, the Magistrate was able to sentence him in a way which did not require oversight of his rehabilitation.

The charge of Assaulting or Resisting Constables, which is an indictable offence, was ultimately withdrawn. For the rest of the charges, our client was placed in a Community Corrections Order for a period of 12 months.


Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

Visit Kristina’s profile to read more about her 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 03/10/2016