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Aggravated Burglary and contested committal

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Written by
Shaun Pascoe
Criminal Defence Lawyer

Contact Shaun Pascoe 

03 9458 3700


Assaults / Violence Offences

A Case Study: Aggravated Burglary and contested committal
6139

The Name of the Offence


Aggravated Burglary (intention to assault), and other assault charges

Place of the event - Aggravated Burglary (intention to assault), and other assault charges


Seymour

The court attended - Aggravated Burglary (intention to assault), and other assault charges


Broadmeadows Magistrates Court
Acting Solicitor: Shaun Pascoe

Facts of the Case - Aggravated Burglary (intention to assault), and other assault charges


Shaun Pascoe was briefed to appear at the contested committal of this matter.  His client’s charges were too serious to be determined by a Magistrate, and so were destined for trial in the County Court.  The step before the transfer to the County Court was the contested committal, which was the opportunity to test the prosecution evidence to determine whether there was a case upon which a jury could convict.

Results Achieved


Shaun’s cross-examination of several police witnesses laid the foundation for further submissions to the Director of Public Prosecutions prior to the County Court trial, that the police had not established the most serious charge of Aggravated Burglary, and several of the alleged assault offences.   The charge was withdrawn by the Director of Public Prosecutions before the trial started.  As a result Shaun’s client was sentenced to one charge of intentionally cause injury, and one count of threat to kill. 

Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
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