Our client in his early 20’s was studying to become a paramedic. On a night out in Northbridge, he drank a little too much and, inside a nightclub, foolishly threw a glass into the air and towards a crowded dance floor. Later that evening a patron presented to management with a bleeding cut on her forehead. CCTV of the incident captured our client throwing the glass, but the footage did not show the projection of the glass after it left our client’s hand.
Our client was arrested, interviewed and made full admissions to throwing the glass, resulting in him being charged with unlawful wounding. We advised him to enter a not guilty plea and await further disclosure from investigating police. About 5 weeks before the trial, the medical report was made available to the defence, which suggested that the prosecution may have difficulty in proving the injury met the legal definition of a wound.
After much consideration, our client, who was immensely remorseful and overwhelmed with shame and guilt for his actions, advised that he wished to plead guilty to an offence. Our proposal to plead to an alternative offence of assault occasioning bodily harm was accepted by the prosecution and, on the anticipated trial date, the original charge was amended such that our client’s plea attracted the full discount for a plea entered at the earliest opportunity.
Sentencing was adjourned to allow for our client and the victim to engage in mediation, which was an overwhelming success. The magistrate accepted our client had done everything he could to make amends for his spontaneous misjudgement, including compensating the victim for her medical expenses and lost income, and sentenced him to a fine, which was made payable to the victim. Our application for a spent conviction order was granted on the strength of excellent character references, which persuaded the magistrate that our client was unlikely to commit such an offence again, and that he ought to be immediately relieved of any adverse consequences which may flow from the conviction in his future career prospects.
