Korumburra Magistrates Court Affray Diversion Matter
Charges:
- Affray – s.195H(1) Crimes Act 1958 (See here for the elements of Affray)
- Assault in Company – s.24 Summary Offences Act
- Unlawful Assault – s.23 Summary Offences Act
Facts:
Our client was charged with a myriad of assault related charges relating to an incident that occurred at a pub in regional Victoria.
The allegations were, that our client had attended in the company of some friends. It was alleged that his brother was insulted by another individual that our client then went to confront.
As a result of that confrontation our client and this individual were alleged to have started fighting which lead to a significant number of other people joining in.
The fight continued to the point where it is alleged that our client has armed himself with a pool cue and struck the complainant whilst he was lying down.
The allegations were based on a number of statements and CCTV footage from the venue.
Result:
This was a very serious incident. Not only is Affray a very serious charge that used only to be able to be heard in the County Court, our client was alleged to have armed himself in the course of the fight with a pool cue.
The footage was crucial to this case as the witness accounts were inconsistent.
Upon viewing of the footage more closely it became clear that the police had incorrectly identified our client.
Whilst our client did confront the complainant, he then turned his back and began to walk away when his friend then jumped in to assault the complainant.
It was the friend and the complainant that commenced the fight and continued it whilst others joined in. Our client remained on the outskirts for the majority of the incident until he did pick up a pool cue, however, he did not strike anyone with the cue and just swung it in the direction of the co-accused.
On this basis and following extensive negotiations with the prosecution we were able get the summary heavily amended and petition the prosecution for a diversion which they recommended.
Diversion is a program for first time offenders that allows them to avoid any form of criminal record. It is normally not given for serious charges, but in this case due to our client’s limited involvement, we were able to persuade the prosecution and the Court to give our client the opportunity of completing the diversion program.
This was a hard-fought case that resulted in an excellent outcome for our client. As a result of our close attention to detail and forceful negotiations we were able to help our client keep his criminal record clean. If you have been charged with assault related offending, you should contact Dribbin & Brown Criminal Lawyers today.
