The Court: Werribee Magistrates Court
The Lawyer: Dylan Morris
The Charges:
The Allegations:
The client was in possession of an illegal handgun, and when toying around with it, he accidentally shot himself. The neighbours, upon hearing a gunshot, called the police. The ambulance subsequently attended the scene and took the client to the hospital to treat him for his injuries.
Police attended the hospital to take a statement from the client, who told police that an unknown person in his home had shot him before fleeing on foot. The client then signed a sworn statement to this effect, which triggered a large-scale police investigation involving helicopters, specialist detectives and the canine unit.
A few weeks into the investigation, the client came clean and told police he made the story up, that there was no shooter, and that he had fabricated the entire story. He was ultimately charged with Perjury.
At Court:
Our solicitor participated in summary case conferencing leading up to the court date. After lengthy negotiations with the prosecution, our solicitor successfully struck a plea deal whereby the client would plead guilty to a lesser charge of ‘Making a False Report to Police’ and the prosecutor would withdraw the Perjury charge.
A charge of Perjury is a serious indictable matter which carries a maximum penalty of 15 years imprisonment. The charge of Making a False Report to Police is a less serious summary charge, carrying a maximum penalty of a fine or imprisonment for up to one year.
The Outcome:
The client attended court with our solicitor and, following lengthy submissions regarding the client’s personal circumstances, the Magistrate imposed a fine of $1,500 without conviction.
This case highlights the importance of effective negotiation. If the prosecution had decided to proceed with the charge of Perjury, the client would have been looking at a more severe sentence; however, following negotiations by our solicitor, he was able to obtain a far better outcome.
