Case study: Unlawful assaults

In this case study, our client was charged with 2 offences of Unlawful assault in the Melbourne CBD. Read on to learn more about the facts of the offences, the matters submitted on his behalf to the sentencing Magistrate and the outcome he received.


Date & location of offending


March 2020, Crown Casino.


Court


Melbourne Magistrates' Court, October 2021.


Facts

In the hours that preceded the offences, our client had been drinking in the Melbourne CBD with some friends. He attended the Crown Casino shortly after midnight.


Whilst at the Casino he became engaged in an argument with security guards over the circumstances surrounding why a friend was evicted.


The interaction between our client and the security guards was captured in its entirety on CCTV (which was unsurprising given the venue).


It was alleged our client attempted to headbutt one of the security guards (one charge of unlawful assault). It was also alleged whilst he spat in the face of one of the security guards when he was tackled to the ground (second offence of unlawful assault).


Fortunately, neither of the security guards were injured, and this fact resulted in the police proceeding with two summary offences of Unlawful assault for each security guard, rather than an indictable (more serious) assault charge.


The maximum penalty for Unlawful assault (under section 23 of the Summary Offences Act), is 15 penalty units or a maximum of 3 months imprisonment.


How Case Resolved & Outcome


Whilst our client made no admissions when he was interviewed, the CCTV footage was compelling and he sensibly provided instructions he would enter a plea of guilty.


Our client had one prior offence from several years ago (also Unlawful assault), but otherwise had a limited criminal history, with several unrelated traffic offences.


During a plea of guilty, the following factors were submitted in mitigation:


- our client's early plea of guilty;

- his limited criminal history;

- that he had self-referred for treatment for underlying mental health difficulties (a report confirming this treatment was tendered to the Court).

- that he was remorseful for his behaviour.


Ultimately our client was fined (with conviction) $1500 for both offences


Call us if you must attend Court for Unlawful Assault


If you are charged with Unlawful Assault, call our office on 03 9668 7600 or email us to receive expert legal advice and court representation from Shaun Pascoe, an accredited criminal law specialist.





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