Case Details
Charges
The defendant faced a three-count indictment following allegations of a violent street robbery:
Count 1: Causing Grievous Bodily Harm with Intent (Section 18).
Count 2: Inflicting Grievous Bodily Harm (Section 20).Count 3: Theft (Stealing a bag, mobile phone, and headphones).
The primary charge (s.18) is the most severe form of assault short of attempted murder, requiring proof of specific intent to cause serious injury.
Situation
The victim was walking home along an alleyway when he was allegedly set upon by three individuals. He was pushed, punched, and kicked repeatedly, losing consciousness during the assault. Upon waking, he discovered his personal belongings had been stolen.
Police arrested the defendant along with two co-defendants. In his initial police interview, the defendant exercised his right to answer "No Comment." In his subsequent Defence Statement, he denied involvement, stating he was not part of the conflict and did not know the victim.
Defence Strategy
Trial Strategy: Challenging Identification & Intent
The defence entered Not Guilty pleas to all counts, forcing the Crown to prove its case at trial. Our strategy involved rigorously testing the identification evidence and the attribution of specific acts of violence to our client.
By challenging the prosecution's narrative of a pre-planned "joint enterprise" robbery, we aimed to undermine the s.18 charge (Intent). The goal was to demonstrate that even if presence could be proven, the specific intent to cause really serious harm was not established beyond reasonable doubt.
Outcome
Suspended Sentence Secured
Following legal arguments, the case concluded with a highly favourable sentencing outcome. The defendant was sentenced to 16 months imprisonment, suspended for 18 months.
This result means the client avoids immediate custody. Given the starting point for street robbery and group violence often exceeds 5 years, securing a suspended sentence represents a significant success for the defence team.
