Withdrawing Multiple Violence Charges
Our client was charged with violence offences related to an alleged incident against our client’s partner. The charges were:
- Unlawful assault
- Intentionally cause injury
- Recklessly cause injury
- Threats to kill
- Throw missile
- Drive Whilst Suspended
All of these charges breached a 4-month suspended sentence.
Hester Kelly acted on the client’s behalf at the Bacchus Marsh Magistrates’ Court.
The prosecution withdrew all the violence-related charges and only proceeded on the Drive Whilst Suspended charge. The prosecution were persuaded that they could not substantiate any of the violence charges to the requisite standard and, on that basis, they should be withdrawn. Hester submitted that exceptional circumstances existed and the suspended sentence should not be reinstated. Ultimately, the magistrate agreed and did not reinstate the suspended sentence.
The client received a fine with conviction for the driving charge. This was, overall, a good result as we were successful in withdrawing multiple violence charges.
Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.
Visit this page to know more about Hester.
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 01/08/2016