The Court: Geelong Magistrates Court
The Lawyer: Ryan Robertson
The Charges:
- Attempt to Commit Robbery
- Robbery
- Intentionally Causing Injury
- Theft of Motor Vehicle
The Allegations:
The police alleged that the client approached the complainant while he was in his motor vehicle in Geelong and demanded a large sum of money, punched him through the vehicle window twice to the face, dragged the complainant out of the vehicle, and stole the motor vehicle.
Following the client’s arrest by police, our client denied the allegations during his recorded interview. However, he admitted to vaguely knowing the complainant from several years earlier.
The complainant’s motor vehicle was found several blocks away in South Geelong with some visible minor damage. Police did not take DNA samples or perform forensic testing on the vehicle.
When taking the complainant’s statement, the officer involved produced a picture of the client (from the police database) to confirm the complainant’s story and to identify a perpetrator.
At Court:
This matter initially began in the summary stream in the Magistrates Court; however, upon hearing the complexities involved, the Magistrate decided that the matter should be uplifted and heard in the County Court, moving it to the committal stream. This can occur where charges are indictable offences but are triable summarily.
When a matter is uplifted, it becomes more complicated. One step in this process is the committal hearing, which is held in the Magistrates’ Court to determine whether there is enough evidence to proceed to trial. During the committal hearing, the defence can cross-examine witnesses for the Prosecution to highlight inconsistencies in the prosecution case.
Before the committal hearing, discussions occurred with our solicitor and the prosecution. The prosecution offered a plea deal to resolve the matter, in which if the client pleaded guilty to robbery, they would withdraw all other remaining charges. Our solicitor firmly rejected this offer and highlighted deficiencies in the prosecution case regarding identification and the lack of forensic testing despite the existence of used coffee cups found inside the motor vehicle.
The Outcome:
Following lengthy discussions, the prosecution agreed to withdraw all charges against the client, which meant that the client did not have to stand trial and could move on with his life.
