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Written by
Kristina Kothrakis
Criminal Defence Lawyer


Assaults / Violence Offences
A Case Study: Aggravated Burglary ending up as plea in Magistrates Court
Date: 12/10/2009
8196

The Name of the Offence


Aggravated burglary

Place of the event


Northern Suburbs

The court attended


Melbourne Magistrates' Court
Acting Solicitor: Kristina Kothrakis

Facts of the Case


An altercation had taken place between the client and her neighbours. She had attended at their home, armed with cups of petrol that she had thrown on the occupants, and their home. She had smashed their windows and jumped through into their home, brandishing a curtain rod, which she was using in an attempt to strike the occupants.

The client was initially charged with aggravated burglary, reckless conduct endangering person, criminal damage and a host of assault type charges, including assault police.

Results Achieved


Negotiations held with the prosecution resulted in the withdrawal of the most serious charges, and significant amendments being made to the summary. The client ultimately pleaded guilty to one charge of burglary, 2 charges of criminal damage, and 2 charges of unlawful assault. An application for summary jurisdiction was successful, and the matter was dealt with in the Magistrates' Court. She was placed on a 12 month Community Based Order, to perform 120 hours of unpaid community work.

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