Assaults Charges
Affray, Recklessly Causing Serious Injury, Assault by Kicking. Frankston Magistrates Court.
Facts
The client had been out at a night club with friends. The client’s friend got into an altercation with another patron inside the club. Both parties were asked to leave. The other man wanted to continue the dispute outside, but security guards separated them.
As they were walking up the street the other man was still intent on picking a fight. Eventually he got one involving the client’s friend and two others. When his mate started to lose the fight the client ran in and king hit the victim.
The victim was knocked out. He suffered a broken jaw and was kept under observation in hospital for two weeks because of severe swelling of the brain.
Results
Although there was a self defence argument here, the manner in which the client hit the victim, the graphic nature of the footage and the injury to the victim meant there were some problems running that defence. The client instructed us to resolve the case as best we could.
Following negotiations we sought an indication from the Magistrate regarding whether the client could plead guilty to Recklessly Causing Serious Injury, on the basis that the victim had provoked the entire incident. Upon hearing submissions His Honour was satisfied of the provocation and was prepared to impose a 100 Hours Community Corrections Order.
This was acceptable to the client and a formal plea of guilty was entered. It is not unusual for first time offenders to be sentenced to prison for inflicting injuries as serious as these. This was therefore a reasonable outcome.
