The Court: Melbourne Magistrates Court
The Lawyer: Kieran Burke
The Charges:
The Allegations:
The client was out in the city drinking with a friend. They entered a taxi and argued with the taxi driver. When they exited the cab, the driver yelled out some abuse at the client and his friend. The client retaliated by damaging the taxi door, resulting in a fight among the three parties. The taxi driver received a fractured eye socket and significant bruising and was treated in the hospital.
At Court:
The client instructed that his involvement with the fight was limited, so our solicitor requested CCTV footage and forensically analysed all witness statements for any inconsistencies. Once the CCTV footage was obtained, the prosecution and our solicitor discussed the charges extensively during case conferencing.
Our solicitor was able to get the prosecution to concede that the friend was the aggressor and that his actions contributed to the taxi driver’s injuries. The prosecution also agreed that our client could not be liable for his friend’s actions.
The Outcome:
The client entered a guilty plea to negotiated charges in court and was sentenced to a reduced fine of $750. As the Court is now taking a tough stance on alcohol-fuelled offending, this was an excellent result.