The Court: Dandenong Magistrates Court
The Lawyer: Daniel Walsh
The Charges:
The Allegations:
At the time of the offence, the client was subject to a Drug Treatment Order at Dandenong Magistrates Court.
The client was drinking one evening with a group of friends at a shared 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 a glass beer bottle around.
At Court:
By the time the matter reached the 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 a model participant in the program. If he were to plead guilty to Aggravated Burglary, he would be in breach of his drug treatment order, and his rehabilitation would be in jeopardy.
Following considerable negotiations during summary case conferencing, our solicitor successfully persuaded the prosecution to withdraw the Aggravated Burglary charge and replace it with a single 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 necessarily breach the program conditions if the maximum penalty of the offence that is committed is less than 12 months.
The Outcome:
The client entered a plea of guilty to Trespass and Aggravated Assault. Our solicitor then made submissions seeking that the client’s 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.
