Offences
Aggravated Burglary, Blackmail, Assault with Handgun, Threats to Kill, Theft and others
Court Attended
Melbourne Magistrates’ Court
Result
Short custodial sentence and released on Drug Treatment Program
Facts of the case
The Client was charged with 33 charges over a four month period. The charges related to nine separate incidents including blackmail at gunpoint, aggravated burglary, assault with weapon against a Police Member with a handgun, threats to kill against a Police Member as well as numerous thefts and thefts of motor vehicle and driving offences.
The charges were in the Indictable Stream in the Magistrates Court and would have gone to Trial in the County Court.
Results achieved
The charges were successfully negotiated down to all minor charges.
The Prosecution withdrew the aggravated burglary, blackmail, assault with weapon on Police and threats to kill as well as 14 other charges.
The Client pleaded guilty to numerous charges of theft and driving offences as well as assault charges. Summary Jurisdiction was applied for and granted with an extensive plea in mitigation being conducted on his behalf. Despite the client having a very extensive prior history for relevant offending, he was released from custody on a Drug Treatment Program.
Offences
Aggravated Burglary, Indecent Assault, Intentionally Cause Injury, Recklessly Cause Injury, Criminal Damage.
Court attended
Melbourne Magistrates Court
Result
Community Corrections Order
Facts of the case
The client had recently broken up with his de-facto girlfriend of seven years. The client suspected that his ex-partner had commenced a new relationship with a mutual friend of theirs. At 6.00am the client attended at the ex-partner’s address and found the friend’s vehicle parked in front of the house. He entered the house and found the two asleep in bed and immediately began to assault the male. This assault included punching, biting and groping the male’s genitals. When leaving the address, the client damaged the male’s car tires and paint.
The charges were in the Indictable stream in the Magistrates Court and would have gone to Trial in the County Court.
Results achieved
The charges were successfully negotiated down to one charge of intentionally cause injury and one charge of criminal damage. Summary Jurisdiction was applied for and granted and a plea heard in the Magistrates Court. Despite the serious nature of the assault, including injury to the genitals and the victim being asleep, the Magistrate imposed a short Community Corrections Order to address Anger Management.
This matter resolved favourably to the accused and avoided the need for a Trial.
