Charges
3 x Recklessly Causing Injury and 3 x Unlawful Assault in the Melbourne CBD. Melbourne Magistrates’ Court.
Facts
The charges arose from a dispute between the client and his underage son. The client lost his temper and physically disciplined the child. This resulted in redness and bruising on the child’s face and neck. The client’s ex-wife and mother of the child reported the incident to police. This case’s main challenges were that the victim was a child and that the assault resulted in visible injuries to the victim.
There was a question here in relation to lawful chastisement. This is a difficult proposition to put to the Court in the current political climate but in some circumstances it is a viable defence. Each case depends on its facts. In this case the client did not want to put his son through the Court system. Also he did not want the matter to drag out.
Result
After discussions with the Informant and the prosecution, it was conceded that it was not possible to ascertain which action (ie. point of contact between the accused and the victim) resulted in which injury.
Our solicitor successfully argued that the entire incident constituted one continuous act. The prosecution then withdrew three charges and the matter proceeded as a plea of guilty to one charge of Recklessly Causing Injury.
After a plea in mitigation the client was sentenced to an adjourned undertaking. requiring the client to be of good behavior for a period of 12 months. This was a very light penalty.
