Charges
Aggravated Burglary and Assault with a Weapon. At the time of the offending the client was subject to a Drug Treatment Order at Dandenong.
Facts
The client was drinking one evening with a group of friends at a share house. A resident of the house had made derogatory and threatening remarks to one of their friends. Led by the client, the group proceeded to confront the resident, who was asleep in bed with his girlfriend.
Although the group did not intend to physically harm the resident or his girlfriend, their behaviour was perceived as aggressive and frightening. The couple was particularly fearful of our client, who was waving around a glass beer bottle.
By the time the matter reached Court our client had made significant progress with regard to his drug treatment order. In fact, his compliance was so impressive that he was described as being a model participant in the program. If he was to plead guilty to aggravated burglary he would be in breach of his drug treatment order and his rehabilitation would be in jeopardy.
Results
Following considerable negotiations we managed to get the prosecution to agree to withdraw the aggravated burglary charge and replace it with one charge of trespass. This meant that the client’s charges no longer breached the drug treatment order. Under Victoria’s Sentencing Act, the offender does not necessary breach the program conditions if the maximum penalty of the offence that is committed is less than 12 months.
The client entered a plea of guilty to trespass and assault. We then made submissions seeking that his matter be adjourned to the drug court. The submissions were successful and our client was ultimately released on a good behaviour bond. His drug treatment order was not affected.
This was an exceptional outcome achieved through a combination of competent legal practice and the client’s willingness to comply with his order.
