The Court: County Court of Victoria
The Lawyer: Daniel Walsh
The Charges:
The Allegations:
The client was charged following an incident at the home of his former partner. The two had separated several months prior, and communications had been strained. On the evening in question, the allegations were that the client had broken into his ex-partner’s home. There was no evidence of forced entry; however, the complainant had maintained that the client was not welcome.
The two engaged in a lengthy conversation, which escalated into a heated argument. It was further alleged that the client physically assaulted the complainant, punching her multiple times to the face, causing serious injury. It was also alleged that the client then forced the complainant to have sexual intercourse with him against her will.
At Court:
From the outset, the client accepted that he had injured his ex-partner but said that the sexual intercourse was consensual.
Following extensive pre-trial discussions between our solicitor and the Crown, the rape and sexual assault charges were withdrawn. The Intentionally Causing Serious Injury charge was downgraded to a Recklessly Causing Serious Injury charge. The client entered a plea of guilty to a single charge of Recklessly Causing Serious Injury in the County Court of Victoria.
The Outcome:
A very detailed psychological report was tendered to the court, and the matter proceeded by way of a plea. The Judge imposed a two-year gaol sentence wholly suspended for a period of two years.
This case highlights the importance of having a skilled lawyer assess the evidence and negotiate charges with the Crown to achieve a resolution favourable to the accused.
