At Elbob & Stephenson Legal, we recently represented a 37-year-old male client at the Dandenong Magistrates’ Court, who was facing very serious family violence charges, including:
These offences are treated with the utmost seriousness by the courts, particularly non-fatal strangulation, which is a relatively new charge in Victoria and one that usually results in a substantial term of imprisonment if proven.
The matter was made even more difficult by the fact that our client had:
Despite the seriousness of the allegations, our team conducted a careful review of the brief of evidence and identified significant issues in the prosecution’s case. We engaged in detailed negotiations with prosecutors, advocating that several of the most serious charges could not be sustained.
Through this process, we secured:
After presenting strong submissions to the Court regarding our client’s personal circumstances, insight, and rehabilitation prospects, the Magistrate ultimately imposed:
This was a remarkable outcome, given the client’s criminal history and the initial seriousness of the charges.
Family violence offences — especially those involving allegations of strangulation or serious injury — are ordinarily met with the harshest sentencing responses in Victoria. The fact that our client avoided imprisonment entirely demonstrates the value of experienced criminal defence lawyers who know how to challenge the evidence, negotiate effectively, and persuade the Court to impose a fair and proportionate sentence.
