Withdrawing Recklessly Causing Serious Injury

Recklessly Causing Serious InjuryThis is a case study on withdrawing a Recklessly Causing Serious Injury charge.

Our client was charged with said criminal offence following allegations that he became involved in a heated fight with his neighbour. It was alleged that during the fight, he used a garden rake to assault the complainant. It was further alleged that as a result of our client’s assault, the complainant sustained injuries that were serious in nature.

It must be noted that our client had no prior criminal history. When he was interviewed, he maintained that he had acted in self-defence. Shaun Pascoe represented him at the Heidelberg Magistrates’ Court.

The matter proceeded through a summary case conference and resolved at a contest mention. During the contest mention, the prosecution agreed to withdraw all charges. There was a video footage that was critical to the incident in this case wherein the entire episode was fortunately captured on a camera fixed to a neighbouring property.

We were able to source and subsequently view the footage. It clearly depicted the complainant as being the aggressor, and consequently was very inconsistent with his sworn statement contained in the police brief of evidence. A copy of the CCTV footage was provided to the prosecution and, after viewing the footage, the prosecution concurred that the credibility of the complainant was severely impacted by what the best evidence (the CCTV footage) depicted.

As a result of the allegations, our client’s Working with Children Card (WCC) was negatively impacted. However since the prosecutors agreed to withdrawing the Recklessly Causing Serious Injury charge, our client’s prospects of having his WWCC restored is almost certain.


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

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 17/05/2018