Intentionally cause serious injury, nolle pros...
ADLA member for - VIC
Written by
Paul McClure
Criminal Defence Lawyer
Assaults / Violence Offences
A Case Study: Intentionally cause serious injury, nolle prosequi application
Date: 01/09/2009
27175
The Name of the Offence
Intentionally cause serious injury
Place of the event
Broadmeadows
The court attended
Melbourne County Court
Acting Solicitor: Paul McClure
Facts of the Case
The client was charged with intentionally causing serious injury and recklessly causing serious injury (in the alternative). It was alleged that he had seriously assaulted another male in response to an attack by this male on the client's younger brother. The client denied the charges, and pleaded not guilty.
Results Achieved
The matter proceeded to a committal hearing. At that hearing, the eyewitness to the alleged assault claimed that he viewed the assault from underneath a motor vehicle, at night time, with a limited view of the assailant (i.e., he could not see his face). Following the committal hearing, the matter was listed for a trial in the County Court. A nolle prosequi was filed with the Office of Public Prosecution, seeking to have all charges against the client withdrawn on the basis of insufficient evidence. The nolle prosequi was accepted, and all charges against the client were subsequently withdrawn.
