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Case Study: Family Violence - Unlawful Assault

Date and location of Offence(s)

November 2020, Mill Park


Court venue

Heidelberg Magistrates’ Court


Facts


Our client was charged with Unlawful assault following an argument with his wife.

The circumstances that gave rise the offence were that our client and his wife had been arguing about their son’s reluctance to send an overseas relative a birthday greeting. Our client was upset what he perceived to be rude and disrespectful behaviour and was disappointed that his wife had not encouraged their son to speak to his Aunt who had called from overseas.

An argument ensued between our client and his wife and our client not wishing to remain outside arguing with his wife pushed her so to enter the front door of their home. In pushing her he caused her to fall and some bruising to her arm was occasioned.


Charges


Our client was served with a Charge and Summons to attend the Heidelberg Magistrates’ Court to answer the offence of Unlawful assault.


Factors relevant to client


Our client had no previous criminal history and was 53 years old as at the date of the offending.

Our client had an excellent employment history.

The police were called shortly after the incident and following an interview at the house our client made full admissions and expressed genuine remorse for his actions.

The police applied for an obtained an Intervention Order on behalf of our client’s wife, which had resulted in him being removed from the family home, this Order was subsequently varied (by his wife and with the support of the police) to allow him to return to the family home.

An application for diversion was made to police, but given the strict protocols attaching to diversion applications for family violence, the police would not recommend diversion.

Avoiding a conviction was important for our client given his current role as a senior manager and his otherwise good history.


Outcome


For a combination of reasons, including his remorse, powerful character testimonials, and the absence of a criminal history, the Court was persuaded not to record a conviction and placed our client on an Adjourned Undertaking to be of good behaviour and to pay $500 into the Court fund.


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Level 8
488 Bourke Street
Melbourne, Vic 3000

Ph: (03) 9668 7600