Withdrawal of Head Family Violence Charge and Non-Conviction Outcome
Case Overview
Lucy Massouras represented a client charged with family violence-related offending, including allegations of Threats to Kill and Threats to Destroy Property involving a residential home.
The charges included Threats to Kill pursuant to s 20 of the Crimes Act 1958 (Vic), Threats to Destroy Property pursuant to s 198 of the Crimes Act 1958 (Vic), and Contravention of a Family Violence Intervention Order Intending to Cause Fear, contrary to s 123A(2) of the Family Violence Protection Act 2008.
Due to the seriousness of the allegations, the matter initially proceeded through the committal stream. The client faced serious family violence allegations carrying the risk of significant penalties and a criminal conviction. The matter proceeding through the committal stream also increased the time, cost and stress associated with the proceedings.
The defence challenge was to identify weaknesses in the prosecution case and achieve a favourable resolution that could be determined in the summary stream.
Defence Strategy
We identified significant weaknesses in the evidence supporting the principal charge.
We engaged in targeted negotiations with the prosecution, resulting in the withdrawal of the most serious allegation.
We also made a successful application for the matter to proceed in the summary jurisdiction, substantially reducing the time and complexity in the matter finalising.
Result
The principal charge was withdrawn following negotiations with the prosecution, and the matter proceeded in the summary stream.
After considering submissions made on the client's behalf, the Magistrate imposed a Community Corrections Order with therapeutic conditions only.
His Honour did not declare the term of imprisonment already served by the client, meaning his criminal record would not reflect a sentence of imprisonment.
Significantly, no conviction was recorded, preserving the client's future employment prospects in disability care work.
This outcome demonstrates Stary Norton Halphen & Galbally's ability to secure practical, outcome-focused resolutions for clients facing serious criminal allegations. Through strategic case analysis, effective negotiations and persuasive advocacy, Lucy achieved a result that avoided a conviction and prioritised rehabilitation.
Disclaimer: The case results featured are real matters handled by our firm. However, every case is different and outcomes vary depending on a range of factors, including the specific facts, circumstances and evidence involved. Past results are not a guarantee of future outcomes and should not be relied upon to predict or determine the result of your matter.