Case Study: Successful Withdrawal of Charges in Serious Injury Case
As a criminal law firm based in Melbourne, our client approached us to represent him in a case involving a serious injury charge. The client wished to enter a guilty plea at the earliest opportunity, and we proposed an offer to resolve the matter. In this case study, we discuss the reasons for the withdrawal of several charges and the legal principles that were relied upon.
Withdrawal of Charges
Reckless Conduct Causing Serious Injury
The prosecution alleged that our client had his hands around the complainant’s neck, causing substantial pain. We argued that the evidence of substantial pain was not sufficient to substantiate the charge of reckless conduct causing serious injury. According to R v Toms [2006] VSCA 101, the prosecution must prove that the accused had foresight of the probability of a serious injury. We requested the prosecutor to take the following into account in determining whether our client had the foresight of the appreciable risk of an injury:
He was severely intoxicated and almost asleep.
He placed his hands on the complainant’s neck only for few seconds and then walked out; and
The complainant gives evidence of fear rather than pain.
Recklessly Cause Injury and Unlawful Assault
Our client was accused of assaulting his mother with a knife, resulting in serious injury. However, we argued that our client had no intention to harm or assault his mother, and the injury was caused by a broken glass. The medical evidence indicated that the wound was consistent with an injury caused by a thick object, rather than a sharp one. We contended that the allegations of a knife being used were baseless and without evidence.
Recklessly Cause Serious Injury
We submitted that the injury suffered by the complainant could not be classified as a serious injury under section 15 of the Crimes Act 1958. According to Sargeant v The Queen, Garratt v The Queen [2020] VSCA 45, the seriousness of an injury is evaluated based on whether, without medical intervention, the injury could have endangered the victim's life. There was no evidence to suggest that the complainant's injury would have endangered her life if left untreated.
Concealing Evidence
We argued that the charge of concealing evidence was fatally flawed, as there was no evidence linking the injury to a knife. The injury was caused by a broken glass, which was reported by the family members.
Costs
We requested the prosecutor to consult the prosecutor who appeared at the bail application, as the evidence was challenged and tested in court during that hearing. We reminded the prosecutor that our client had spent nearly three months in custody, and there could be substantial costs implications against the chief commissioner of police depending on the outcome of the case.
Conclusion
By relying on legal principles and challenging the evidence, we were able to successfully withdraw several charges against our client. Our client's guilty plea was entered for the remaining charge of recklessly causing injury, and we were able to negotiate a favorable outcome for our client. As a criminal law firm, we are committed to providing our clients with the best legal representation and ensuring their rights are protected. If you need assistance with a criminal law matter in Melbourne or its surrounds, contact us to schedule a consultation by clicking here.
