ALLEGATIONS:

The allegations against our client were serious.  It was alleged that he had assaulted the victim by punching and slapping her to the head multiple times, throwing the victim against a wall and kicking her whilst on the floor.  The victim sustained significant bruising.  The client did not get any legal advice before he was interviewed by police and made admissions to the police in his interview.

CHARGES:

Our client was charged with:

• Intentionally cause injury (section 18 Crimes Act (Vic) 1958 – max penalty 10 years imprisonment)
• Recklessly cause injury (section 18 Crimes Act (Vic) 1958 – max penalty 5 years imprisonment)
• Unlawful Assault (section 23 Summary Offences Act (Vic) 1966 – penalty: 15 penalty units or 3 months imprisonment)
• Assault by kicking (section 24 Summary Offences Act (Vic) 1966 – penalty: 2 years imprisonment)
• Assault of female (section 24 Summary Offences Act (Vic) 1966 – penalty: 25 penalty units or 6 months imprisonment)

OUTCOME:

After the client was charged, he sought legal advice from a number of lawyers, all of which advised him that he should plead guilty, particularly given his admissions to the police, and that he would likely be facing a lengthy Community Corrections Order or even a term of imprisonment.

He then contacted our criminal defence lawyers at Ondrik Larsen Lawyers and promptly engaged us to act for him after our first meeting, believing that we genuinely had his interests at heart, and he was right.

We immediately began working on his case examining the police brief of evidence and were able to identify significant weaknesses in the prosecution case.   Because of our extensive experience in assault related charges and attention to detail, and despite his admissions to the police, we successfully negotiated the complete withdrawal of all charges against our client, before the first court date.

Our skilled and proactive criminal defence lawyers successfully kept our client out of the courtroom entirely, avoided a criminal record and saving him the cost of what could have otherwise been protracted legal proceedings.

ALLEGATIONS:

Our client was at a playground with her family when an altercation broke out between her family and other patrons at the playground.  It was alleged that our client pushed and shoved the victims, while members of her family also surrounded them repeatedly kicking and pushing the victims as they attempted to back away.  It was then alleged that our client grabbed hold of one of the victims in a headlock dragging her to the ground and squeezing her neck to the point where she couldn’t breathe.  This incident occurred in front of many witnesses including children and adults.

CHARGES:

Our client was charged with:

• Affray (section 195H(1) Crimes Act (Vic) 1958 – max penalty 5 years imprisonment
• 2x Unlawful Assault (section 23 Summary Offences Act (Vic)1966 – penalty: 15 penalty units or 3 months imprisonment)
• Recklessly cause injury (section 18 Crimes Act (Vic) 1958 – max penalty 5 years imprisonment)

OUTCOME:

This matter resolved to a plea of guilty after we sought a sentence indication from the Magistrate.  Our client was placed on a 12-month Good Behaviour Bond (Adjourned Undertaking), without conviction.   This was an outstanding outcome for our client as it meant not only did this result in the proceedings being swiftly resolved, but significantly,  once the period of the adjourned undertaking was complete, she would not have a criminal record.

ALLEGATIONS:

Our client and his friends became involved in a physical altercation with other patrons in a nightclub venue which continued outside the venue once ejected from the club.  The fight involved punching and one of the victims was struck over the head with a glass bottle.   The incident was captured on CCTV.

CHARGES:

Our client was charged with:

• Affray (section 195H(1) Crimes Act (Vic) 1958 – max penalty 5 years imprisonment)
• Intentionally Cause Injury (under section 18 of the Crimes Act (Vic) 1958, maximum penalty of 10 years imprisonment)
• 3x Recklessly cause injury (section 18 Crimes Act (Vic) 1958 – max penalty 5 years imprisonment)
• Behave in a riotous indecent offensive or insulting manner (section 17(1)(d) Summary Offences Act (Vic) 1966 – max penalty 10 penalty units or imprisonment for 2 months)

OUTCOME:

Immediately upon engaging our assault lawyers to act on his behalf, we obtained all of the evidence from the police to examine all possible defences and weaknesses in the prosecution case including viewing the CCTV footage which depicted the extent of our client’s involvement in the altercation.  This, with our client’s instructions enabled us to develop the right case strategy for our client.

As a result, we were able to conduct meaningful negotiations with the prosecution at the very early stages of matter and persuaded the prosecution to withdraw all charges other than the charge of Affray, and to recommend Diversion.

Following our detailed and extensively prepared submissions, and despite the charge of Affray being a very serious indictable charge punishable by imprisonment, the Magistrate was persuaded to grant Diversion for our client.  This ultimately meant that our client avoided any criminal record for his involvement in the incident, saving his employment, and securing his future.

ALLEGATIONS:

A very serious physical altercation arose at a music event being held at a popular reception venue between our client and his friends and other patrons attending the music event, involving punches to the head causing one of the victims to fall to the ground and lose consciousness with bleeding from the head.  Our client and his co-accused were removed from the premises, only to later return to the venue where the physical altercation continued, this time involving large knives and extendable batons.  Several people were slashed and seriously injured, including our client who received life-threatening injuries following multiple stab wounds.  All people involved were charged.  The entire incident was captured on CCTV and mobile phone cameras and there were many eyewitnesses.

CHARGES:

Our client was charged with:

• Aggravated Burglary (section 77(1) Crimes Act (Vic) 1958 – max penalty 25 years imprisonment)
• Affray (section 195H(1) Crimes Act (Vic) 1958 – max penalty 5 years imprisonment)
• 3x Intentionally Cause Injury (under section 18 of the Crimes Act (Vic) 1958, maximum penalty of 10 years imprisonment)
• 3x Recklessly cause injury (section 18 Crimes Act (Vic) 1958 – max penalty 5 years imprisonment)
• Criminal Damage (section 197(1) Crimes Act (Vic) 1958 – max penalty 10 years imprisonment)

OUTCOME:

This matter proceeded as an indictable matter, which means that the proceedings commence in the Magistrates’ Court for committal proceedings, and is then transferred to the County Court for Trial after the committal proceeding.

Our client engaged our assault lawyers to act on his behalf early on in the proceedings, where we were quick to develop a case strategy and commence negotiations with the prosecution as early as possible.  Following negotiations, agreement was reached prior to the Committal hearing commencing, for the withdrawal of all charges other than the charge of Affray.  A successful application was made for summary jurisdiction so that the case could be finalised in the Magistrates’ Court rather than being transferred to the County Court where the penalty could be greater.

Upon hearing submissions made on behalf of our client and considering the material put forward on his behalf, our client received a Fine.  The Magistrate indicated that had the matter not resolved, the likely sentence he would have imposed if found guilty would have been a combined sentence of immediate jail and a Community Corrections Order.

This was an outstanding result for our client who, once the case was finalised, was able to continue contributing to his family and to the community because his liberty was preserved.