Our Result - Case Study - Aggravated Assault and Property Damage written by James Caldicott

Reference:

Charge

Circumstances

Our client was facing multiple charges of aggravated assault and property damage at the Port Adelaide Magistrates Court. The charges were alleged to have occurred between our client and his partner at the time, namely arguments culminating in an act of assault by our client against his partner causing harm to the victim and damage to the house.

Of the charges filed the most serious being was two counts of aggravated assault. The penalties associated with the charges are a term of imprisonment. Upon meeting with Mr James Caldicott and having run through the material, our client pleaded not guilty to the charges and the matter was set for trial.

Our client has no criminal history and when interviewed by police he denied the allegations of assault but accepted that during an argument with his that he damaged property.

Through negotiations with prosecution and submissions put in Court it was shown that the evidence did not support the two counts of aggravated assault and that evidence relied upon after the fact, was submitted by counsel, to be inadmissible.

Just prior to trial prosecution withdrew the two counts of assault and one count of property damage due to insufficient evidence and a plea of guilty was entered in regards to a single count of property damage.

Our client was dealt with without recording a conviction and was placed on a bond to be of good behaviour for a short period of time.

Ultimately our client was exceptionally happy with the result as it did not affect any future employment possibilities and travel given his need to do so for work and family.

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