The Court: Supreme Court of Victoria
The Lawyer: David Dribbin
The Charges:
The Allegations:
The client attended a gathering with another friend at the home of a mutual friend. Alcohol was being consumed, and CCTV footage from nearby homes confirmed the presence of four people at the residence throughout the night. At around 11 pm that evening, an altercation broke out near the backyard pool between the client and one of the friends.
A neighbour called emergency services after hearing yelling and screaming. Shortly after, one of the friends was found unconscious and face down in the pool. The friend was declared dead at the scene.
One of the attendees provided a statement to the police claiming that he saw our client punching the victim multiple times, pushing him into the pool and then walking away, failing to assist. This statement formed the primary basis of the murder charge laid against our client.
At Court:
Our client was subsequently arrested and charged with Murder under section 3 of the Crimes Act 1958 (Vic).
After viewing the brief of evidence and taking instructions from the client, it was clear that the Crown had a very strong case in relation to the charge of manslaughter, but not to murder. Accordingly, and in collaboration with the client, we offered to resolve the matter by pleading guilty to manslaughter. The Crown rejected this offer.
After requesting further medical evidence as to the cause of death, it became clear that there were problems with the statement made by the witness who was present during the incident. Forensic evidence could not definitively establish whether the victim was unconscious before entering the pool or whether he could have drowned due to alcohol intoxication. Regarding the witness statement, the witness’s credibility came into question as it was revealed that he had consumed a significant amount of alcohol on the night and had retracted and amended his statement multiple times during police interviews.
The Outcome:
Two days before the scheduled trial in the Supreme Court of Victoria, the Crown reviewed the weaknesses in its case. It reassessed the admissibility and reliability of the key witness’s statement. The Crown acquiesced and accepted a plea of guilty to the charge of manslaughter.
The client received a 13-year gaol sentence with a non-parole period of 11 years. This was a very good outcome for the client.
