Case study: Assault charges resulting in adjourned undertaking
In this case study, our client was charged with assault offences against two complainants. Read on for a summary of the facts, how the case was resolved and the outcome.
Date & location of offences
May 2022, Windsor
Heidelberg Magistrates Court, November 2022
Facts and charges
In the early hours of the morning in Chapel Street, Windsor our client punched two males in response to their harassment of our client's girlfriend and her friend. One of the males punched by our client lost consciousness momentarily. He also sustained an injury to his jaw.
After our client was interviewed about the allegations he was bailed to attend Court for these charges:
How case resolved
One of the males received an injury to his jaw, and consequently, our client was initially charged with Recklessly causing serious injury for one of the complainants and unlawful assault for the other male.
As the injury sustained by one of the complainants did not meet the legal threshold of a 'serious injury' the charge of recklessly causing serious injury was downgraded to recklessly causing injury.
After summary case conference discussions with the prosecution had concluded, our client provided instructions to plead guilty to Recklessly causing injury and Unlawful assault.
Our client was not alcohol affected at the time of the incident and had acted preemptively although it was conceded that his actions were disproportionate to the threat he perceived.
Our client was 20 years at the time of the incident and had no previous criminal history. The Court accepted our client had entered an early guilty plea and was given credit for this.
In addition, character references were tended by family members and a certificate indicating his participation in an anger management course.
The presiding Magistrate was persuaded not to record a conviction and he was placed on an Adjourned undertaking with conditions to be of good behaviour for 12 months, to make a payment of $500 to the court fund, and to continue to receive counselling for anger management.
Call our office if you require advice or representation
If you're required to attend court for any assault allegation call us on 03 9668 7600 for advice. Early preparation is often key to a good outcome, so call us if you are required to attend a police interview.