The Court: Melbourne Magistrates Court
The Lawyer: Mike Brown
The Charges:
The Allegations:
This case involved multiple charges of arson, which caused almost $100,000 worth of damage to a residential building.
The client had a recent history of mental illness and alcoholism, stemming from severe bullying during employment with the armed forces. He was receiving treatment, but after breaking up with his fiancée, his condition worsened. Unwell, he embarked upon an arson spree, causing almost $100,000 worth of damage to a residential building. Shortly after the incident, he was admitted to a psychiatric ward.
During the time between the incident and his court appearance, the client had taken steps to stabilise his mental health and get his life back on track. He had sought assistance from a network of health professionals and had engaged with them well. He stopped drinking and started a new relationship with a loving and supportive partner.
At Court:
Arson is an indictable offence, which means it is more serious and can, therefore, be heard in the County Court of Victoria. When the Police filed the charges, they attempted to have this matter heard and dealt with in the County Court of Victoria in Melbourne.
Some indictable matters may be heard summarily in the Magistrates Court. An application by a defence lawyer must be made for the matter to be heard in summary jurisdiction. This is known as a Summary Jurisdiction Application.
Our solicitor made a Summary Jurisdiction Application to have the matter dealt with in the Magistrates’ Court. Following extensive submissions, the Magistrate ultimately granted the application.
During the plea hearing in the Melbourne Magistrates’ Court, our solicitor submitted various materials to the Magistrate, indicating that the client had taken responsibility for the offence and was making significant efforts to rehabilitate himself.
The Outcome:
Our solicitor argued that despite the serious nature of the offence, it was in both the client’s and the community’s interests that he serve his sentence in the community. The Magistrate conceded that this was an appropriate sentencing submission and ordered that the client be placed on a Community Correction Order for 24 months.
