Without Conviction for Affray and Assault Charges

This is a case study on a sentence of fine without conviction for Affray and Assault charges.
The police charged our client with a number of offences arising out of a fight in Melbourne CBD. There were a number of people involved in the fight and someone died at the end, but the death was not attributable to our client. However the police and the police prosecution were taking the matter very seriously. Our client had never been in trouble before and had come to Australia on a working holiday visa. She worked in the social work industry.
Hester Kelly acted on the client’s behalf at the Melbourne Magistrates’ Court on the charges of:

A lengthy and protracted negotiation with the informant and the police prosecutor was carried out. The client came to see us very early on, immediately after being interviewed so we were able to start the negotiation process early. Due to all the work that had been done previously, we were able to resolve the matter at the first mention date.
The summary and charge that was pleaded to was amended quite considerably from the original summary. Our client ended up getting a without conviction fine. The client was very relieved to have received a fine without conviction for Affray and Assault which is remarkably a low penalty given the circumstances.

Hester KellyHester Kelly

Hester is based at our Melbourne office and was admitted to practice in 2014. She previously worked as an Associate to Judge Howard in the County Court of Victoria and was also a solicitor advocate at another Melbourne criminal law firm before becoming a member of Doogue + George.

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.

View Hester Kelly’s profile.

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 01/03/2018