Recklessly Inflicting Grievous Bodily Harm

Our client was charged with cause grievous bodily harm with intent, which attracts a maximum penalty of 25 years imprisonment.

Our client, unprovoked and heavily intoxicated, punches the victim outside a night club. The entire incident was captured on CCTV.

The victim sustained a broken jaw and required months of rehabilitation, with the possibility of permanent damage. Police submitted that the punch had the possibility to cause death.

We fought hard for our client in having the charge reduced to a charge of Recklessly Inflicting GBH, avoiding a trial before a jury at Wollongong District Court. The case proceeded to sentencing for the lessor charge.

On sentence, we submitted that our client was a well educated man of good character, and the offence was completely out of the ordinary. We argued that our client has good prospects of rehabilitation, and that recidivism is low.

Our client was sentenced to an Intensive Correction Order (ICO) for one year and 10 months, and 300 hours of community service.

This was an exceptional result, given the seriousness of the matter and the injuries suffered by the victim.

Court: Downing Centre Local Court

Magistrate: Deputy Chief Magistrate Mottley

Facts:
Our client was initially charged of wounding with intent to cause grievous bodily harm, carrying a maximum term of imprisonment of 25 years.

We appeared before Magistrate Schurr at Central Local Court in December 2017, where we applied for bail. Ms. Schurr refused bail on this occasion, citing the strength of the prosecution case based on the facts, and the serious nature of the charge.

Joe from our office got to work immediately, gathering evidence from witnesses that would prove to weaken the prosecution case, particularly in relation to the charge carrying a maximum of 25 years imprisonment. Statements were obtained from witnesses that suggested that the injuries caused without the requisite intent.

We appeared again at Central Local Court and applied for bail on a second occasion, about 3 months later. This time Magistrate Schurr was presented with alternative versions of events by other witnesses, casting doubt on the prosecution case and the intent of our client.

Bail was granted. Under strict conditions.

After tough negotiations, about 6 months later, our client pleaded guilty to a lessor charge of Reckless Wounding, the matter staying in the Local Court for sentencing.

Our client was sentenced to 3 months in jail. This was backdated to the period between 13 November 2017 to 5 February 2018.

He was not required to spend another day in gaol.

Heavily intoxicated, our unprovoked client threw a drink, in a glass towards a barman, the glass missed. He then threw a second drink in a glass towards the barman this hitting the bar tender in the face. The actions were caught on CCTV.

The victim suffered a cut to the lip which required six surgical sutures. The victim received emergency dental work and will have to have the tooth removed.

Charges of this type are often taken up to the District Court where there is a Standard Non Parole Period of four years Gaol. Our lawyers kept the offence in the Local Court jurisdiction – a plea of guilt was entered. In Court our lawyer submitted on the nature of the offence, the injuries sustained the history and character of the offender and other matters unique to the case.

The Magistrate dealt with the offence by recording a conviction and ordering our client to do 150 hours of unpaid work in the community.