Without Conviction for Assault and Exceed PCA
This is a case that resulted in a fine without a conviction for Assault and Exceed PCA charges.
Our client was a professional soldier in the Australian Army and was charged with 3 offences: Unlawful Assault, Unlawful Assault By Kicking, and Exceed PCA (drinking driving). These offences arose out of an incident when our client and his wife had been drinking over several hours.
Shaun Pascoe represented the client at the Heidelberg Magistrates’ Court on the following charges:
The client pleaded guilty to all charges.
The court noted the seriousness of the offence as well as some practical difficulties that the prosecution would have had in running a contested hearing. The client’s wife was also supportive of him and had advised the police that there had been no further breaches of the Intervention Order that was ordered following the incident in question.
Extensive plea material was tendered which included impressive character references and psychological reports. The court learned that our client had been subjected to some horrific events whilst deployed in Afghanistan, and that our client had resorted to excessive alcohol consumption as a means of coping with the stressors he had been subjected to whilst overseas.
The court acknowledged that our client had shown genuine remorse for his actions and a commitment to address the issues underlying the offending – in particular, the client had ceased drinking. It was also noted that there had been no previous relevant offending, and that the client was well regarded by his colleagues in the army.
The client pleaded guilty to all charges.
The court noted the seriousness of the offence as well as some practical difficulties that the prosecution would have had in running a contested hearing. The client’s wife was also supportive of him and had advised the police that there had been no further breaches of the Intervention Order that was ordered following the incident in question.
Extensive plea material was tendered which included impressive character references and psychological reports. The court learned that our client had been subjected to some horrific events whilst deployed in Afghanistan, and that our client had resorted to excessive alcohol consumption as a means of coping with the stressors he had been subjected to whilst overseas.
The court acknowledged that our client had shown genuine remorse for his actions and a commitment to address the issues underlying the offending – in particular, the client had ceased drinking. It was also noted that there had been no previous relevant offending, and that the client was well regarded by his colleagues in the army.
The magistrate ultimately exercised her discretion not to record a conviction for any of the offences. This outcome meant that our client was able to maximise his prospects for retaining his current position and rank in the army. He was fined without conviction for Assault and Exceed PCA and was ordered to continue the counselling he had already commenced.
Shaun 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 06/12/2017
