Our client was a young professional whose otherwise unremarkable existence was abruptly switched off flight mode one evening. A perfect storm of back-to-back social events, excessive alcohol consumption, and far too little food culminated in a late-night kebab shop melee in Perth’s infamous entertainment precinct. When the dust settled, our client was left with no kebab, a thumping hangover, a broken nose, and two assault charges.
Concerned that a criminal conviction could derail his career ambitions, he engaged our experienced Perth criminal defence lawyers to help minimise the damage. Our objective was ambitious but achievable: make one assault charge disappear and secure a spent conviction on the remaining matter.
After carefully reviewing the evidence, we identified that while the prosecution case was strong, there were significant public interest considerations and a viable defence argument that supported a negotiated resolution. Put simply, although our client may have started the fight, the other participants certainly finished it.
Through detailed negotiations, we persuaded the prosecution to withdraw the two assault charges and replace them with a single charge of disorderly behaviour. This outcome substantially reduced our client’s criminal exposure and placed him in a far stronger position for sentencing.
When the matter came before the Magistrates Court, the sentencing magistrate noted the numerous character references and supporting materials we had prepared and filed on our client’s behalf. Having considered the circumstances of the offending, our client’s otherwise excellent character, and his future career prospects, the magistrate did not hesitate to grant the spent conviction application.
The result: no assault convictions, a single disorderly behaviour offence dealt with by way of a spent conviction, and our client able to move forward with his professional future largely intact.
