Without Conviction for Criminal Damage
Our client was heavily intoxicated and was at a service station at 4:30am waiting for a taxi to pick him up. He had been waiting for 2 hours and, when the taxi finally arrived, it refused to pick him up. He became irate and picked up a fire extinguisher from near the petrol pump then threw it at the glass doors of the petrol station. He picked it up again, this time entering the store and threw it at the counter where the staff were standing. The glass counter broke. He then went outside, at which point the attendants locked the door and called police. Our client picked up again another extinguisher and threw it at the locked doors, as well as threw buckets around. He left the scene on foot but police caught up with him soon after.
He was charged with a criminal offence. Kristina Kothrakis acted on his behalf at the Melbourne Magistrates’ Court and successfully obtained a good behaviour bond without conviction for Criminal Damage.
Our client was a man in his late 40’s with no prior convictions. The magistrate was told that this is clearly a very unusual behaviour for a man with no priors. His reaction was completely disproportionate, and was indicative of there being an underlying issue. The court was told about emotional issues our client had been having, following the passing of both his mother and brother during the preceding year. He had been abusing alcohol.
Our client was however a highly intelligent, professional married man, who was unlikely to come before the court again. He was remorseful, and on his own accord, attended at the service station to pay for the damage he caused. He also wrote a letter of apology to the attendants. A conviction could have had a detrimental effect on his future prospects.
The magistrate was persuaded to deal with the matter by way of a good behaviour bond without conviction for Criminal Damage.
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 21/07/2016