Charges
Recklessly Causing Serious Injury, Recklessly Causing Injury, Unlawful Assault, Affray and Criminal Damage.
Facts
The client was out in the city drinking with a friend. They entered a taxi and had an argument with the taxi driver. When they exited the taxi, the driver yelled out some abuse to the client and his friend. The client retaliated by damaging the taxi door, resulting in a fight breaking out between the 3 parties. The taxi driver received a fractured eye socket and significant bruising and was treated in hospital.
Results
The client instructed that his involvement with the fight was limited and so our solicitor requested the CCTV footage and forensically analysed all witness statements for any inconsistencies. Once the CCTV footage was obtained, a number of discussions took place with the Prosecution in relation to the charges.
Our solicitor was able to get the Prosecution to concede that the friend was the aggressor and that it was his actions that had contributed to the taxi driver’s injuries. The Prosecution also granted that the client and his friend were not ‘acting in concert’ and therefore the client could not be held liable for the actions of his friend.
At court, the client entered a guilty plea to negotiated charges and was sentenced to a $750 fine. As the Court is now taking a tough stance on alcohol-fuelled offending, this was an excellent result.
