Aggravated Burglary and contested committal
ADLA member for - VIC
Written by
Shaun Pascoe
Criminal Defence Lawyer
Assaults / Violence Offences
A Case Study: Aggravated Burglary - Charge withdrawn at contested committal
Date: 26/09/2009
6139
The Name of the Offence
Aggravated Burglary (intention to assault), and other assault charges
Place of the event
Northern Suburbs
The court attended
Broadmeadows Magistrates Court
Acting Solicitor: Shaun Pascoe
Facts of the Case
Shaun Pascoe was briefed to appear at the contested committal of this matter. The client’s charges were too serious to be determined by a Magistrate, and so were destined for trial in the County Court. The step prior to the transfer to the County Court was the contested committal, an opportunity to test the prosecution evidence to determine whether there was a case upon which a jury could convict.
Results Achieved
Shaun’s cross-examination of several police witnesses laid the foundation for further submissions to the Director of Public Prosecutions prior to the County Court trial, that the police had not established the most serious charge of Aggravated Burglary and several of the alleged assault offences. The charge was withdrawn by the Director of Public Prosecutions before the trial started. As a result the client was sentenced to one charge of intentionally cause injury, and one count of threat to kill.
