Offence(s)
- Causing serious injury intentionally pursuant to s 16 of the Crimes Act 1958. Penalty: Level 3 imprisonment (20 years maximum).
- Causing serious injury recklessly pursuant to s 17 of the Crimes Act 1958. Penalty: Level 4 imprisonment (15 years maximum).
- False Imprisonment (Common Law). Level 5 imprisonment (10 years maximum).
Relevant Legislation
- Application to transfer charges to the Magistrates’ Court pursuant to ss 168 and 242 of the Criminal Procedure Act 2009
- Defence available under s 322K of the Crimes Act 1958 (self-defence)
Summary of the facts
Our cliSerious Assault Charges Withdrawn – Drunken Get-Together Gone Wrong
Offence(s)
- Causing serious injury intentionally under s 16 of the Crimes Act 1958. Penalty: Level 3 imprisonment (20 years maximum).
- Causing serious injury recklessly under s 17 of the Crimes Act 1958. Penalty: Level 4 imprisonment (15 years maximum).
- False imprisonment under common law. Penalty: Level 5 imprisonment (10 years maximum).
Relevant Legislation
- Sections 168 and 242 of the Criminal Procedure Act 2009 allow for an application to transfer charges to the Magistrates’ Court.
- Section 322K of the Crimes Act 1958 provides for self-defence.
Summary of the Facts
Police accused our client of a serious assault that caused the complainant internal injuries. As a result, the complainant required emergency surgery.
However, the evidence did not show that our client caused those injuries. In addition, our client said that he only became involved in the fight between his co-accused and the complainant to defend himself. Therefore, our client relied on self-defence.
Summary of the Outcome
First, we wrote to the DPP and asked it to end the prosecution because there were no reasonable prospects of conviction. After reviewing the case, the DPP agreed to withdraw the most serious assault charges.
As a result, the case returned to the Magistrates’ Court. Subsequently, Victoria Police reviewed the remaining charges. Ultimately, Victoria Police withdrew all remaining charges against our client.
Therefore, our client no longer faced any charges from the incident.
Disclaimer
Please note that the above information does not constitute legal advice. If you have questions about a similar matter, please contact us for an obligation-free, face-to-face consultation.
