Police Messed Up By Laying Only One Charge And The Wrong Charge

Case: Charge of recklessly cause injury withdrawn to no injury

Our client was involved in a dispute at a popular Melbourne nightclub on Chapel st whereby it was alleged he headbutted an individual which he had an argument with. The police Informant took a very long time to charge our client but eventually he received a brief with a single charge for recklessly causing injury. It was only one headbutt so there was no injury fortunately. The appropriate charge in this instance would be an unlawful assault charge which is a summary offence and has a statute of limitations period of 12 months (offender has to be charged within 12 months of date of offence). 

By the time the first mention of the charge in Court, the offence date had passed 12 months. Therefore the police Informant couldnt lay the charge anymore. One of our solicitors raised this issue with a prosecutor and fortunately we had a response from a reasonable prosecutor who agreed and accepted our offer to allow for a withdrawal of charge without costs. 

Charges/ Ch1 ; Recklessly cause injury (s18 of the Crimes Act.

Result/ Withdrawal of charge.

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