After months of listening to incessant shouting, gaming and music coming from the neighbouring apartment, our client’s tolerance had come to an end and his fuse broke. A heated verbal confrontation with his neighbour escalated into a physical interaction, which got out of hand when our client disabled his neighbour with capsicum spray and and hit him across his back with a rubber stick lying by the front door. Police attended and our client was subsequently charged with unlawful wounding and assault occasioning bodily harm.
After reviewing the evidence, we did not consider our client had a viable defence. However, it was clear that none of the injuries sustained by the neighbour did not meet the criteria for an offence of unlawful wounding. After successful negotiations with the prosecution, they agreed to discontinue the charge. We secured a partial costs award and proceeded to sentencing for the remaining assault charge, narrowly avoiding an immediate term of imprisonment on account of the severity of the assault and the injuries sustained. After a considered plea in mitigation in the Perth Magistrates Court, we succeeded in obtaining a spent conviction for the charge and our client was sentenced to a $4,000 fine, made payable…to the neighbour.
