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Case study: Assault Emergency Worker, Resist Arrest, Drunk & Disorderly

Updated: Mar 7

Date and location of Offence(s)

November 2020, Thornbury


Court venue

Heidelberg Magistrates’ Court


Facts

Our client was charged with Assault Emergency Officer (Indictable), Assault Emergency Officer (Summary), Resist Arrest, Drunk in a public place.


The facts of the alleged offending that was not disputed were that our client had consumed too much alcohol over several hours, having unsuccessfully attempted to hail down a taxi, boarded a tram and had behaved aggressively towards a Protective Services Officer resulting in his arrest and subsequent confinement in a police watch house.


Charges

Following our client’s release from the police station on bail, he was compelled to attend the Heidelberg Magistrates’ Court to answer the following offences:

Assault Emergency Worker (Indictable) – Section 31(ba) of the Crimes Act 1958 (Vic)

Assault Emergency Worker (Summary Offence) – Section 51 of the Summary Offences Act 1996 (Vic)

Resist Arrest (Summary Offence) – Section 51 of the Summary Offences Act 1996 (Vic)

Drunk and disorderly in public (Summary Offence) – Section 14 of the Summary Offences Act 1966 (Vic)


How case resolved


Our client provided early instructions of their intention to plead guilty.


The offence of Assault Emergency Worker has two forms: indictable and summary. Of concern to our client was to avoid an adverse outcome for the indictable charge of assault emergency Worker.


The indictable offence attracts a maximum of 5 years imprisonment, whereas the summary version is less serious: As a result of case conference negotiations, the Indictable charge of Assault Emergency Worker was withdrawn, and as was the offence of Resist arrest.


The summary offence of Assault emergency worker proceeded as a plea as did the offence of Drunk and disorderly in a public place.


Factors relevant to client


Our client had a limited criminal history, but his previous convictions were alcohol-related (traffic offences and one previous for unlawful assault). Since the offending, our client sought out counselling under a Mental Health Plan.


Outcome


A comprehensive plea was made on behalf of our client, and the outcome reflected several factors namely: our client’s early plea of guilty, his limited court history, and the steps he had taken towards his rehabilitation.


Our client was placed, with conviction on an Adjourned Undertaking for 12 months with conditions to pay $750 into the Court Fund and continue to receive counselling.



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