SUCCESS STORY

Victoria

Melbourne County Court – Conviction Overturned on Appeal, Matter Dismissed

EAS Legal successfully appealed a Magistrates’ Court decision in the Melbourne County Court, securing a “proven and dismissed” outcome with no conviction or further penalty for a 66-year-old male client previously sentenced to a CCO for assault and IVO breach.

  • Assault Charge
  • |
  • Interverntion Order

Case Overview

Charge: Unlawful Assault and Breach of Intervention Order (IVO)

Client: 66 years old male client

Court Location: Melbourne County Court

At EAS Legal, we recently represented a 66-year-old male client before the Melbourne County Court on an appeal arising from convictions in the Magistrates’ Court.

Our client had originally been charged with:

  • Unlawful Assault, and
  • Breach of an Intervention Order (IVO)

He had a prior history for similar offending and was found guilty in the Magistrates’ Court, receiving a Community Corrections Order (CCO).

Given the findings of guilt and his history, the prospects on appeal were challenging.

Our Approach

Our office undertook a comprehensive review of the original proceedings, identifying grounds to challenge both the findings and the appropriateness of the sentence.

We carefully prepared the appeal and advanced detailed submissions addressing:

  • The circumstances of the offending
  • The proportionality of the sentence imposed
  • Our client’s personal situation and background
  • Why a different outcome was warranted on appeal

We approached the matter strategically, focusing on achieving the most favourable outcome possible for our client.

The Outcome

Following the appeal, the Melbourne County Court set aside the previous sentence and instead imposed:

  • Proven and dismissed outcome
  • No conviction recorded
  • No further penalty imposed

This represented a significant improvement from the original outcome of a Community Corrections Order.

Why This Result Matters

Appeals are complex and often difficult to succeed in, particularly where a client has:

  • Already been found guilty, and
  • Has a history of similar offending

Achieving a “proven and dismissed” outcome in these circumstances is an excellent result and demonstrates the importance of experienced advocacy at the appeal stage.

Considering an Appeal?

If you have been convicted or believe your sentence was too harsh, you may have the right to appeal.

EAS Legal regularly represents clients in appeals before the County Court, working to overturn or significantly improve outcomes.

Facing Similar Charges?

Don’t let a criminal charge destroy your future. Our experienced team has the expertise and track record to fight for the best possible outcome in your case.

GET IMMEDIATE HELPBOOK CONSULTATION

24/7 LAWYER NUMBER

1800 117 533

Our Recent Wins

easlegal

At EAS Legal, our team will ensure that you are provided with the most experienced and trusted advice, always.

QUICK LINKS
Immigration Law | Family Law Werribee | Family Law Brisbane | Family Law Geelong | Family Law Ballarat | Family Law Bacchus Marsh | Family Law Bendigo | Criminal Law Newcastle | Criminal Law Werribee | Criminal Law Geelong

Seals_Finalists_Criminal Partner of the Year
Awards Recognition

1800 117 533

WERRIBEE
Suite 2, 18 Synnot St, Werribee VIC 3030

GEELONG
Suite 3, Ground Floor/200 Malop St, Geelong VIC 3220

NEWCASTLE
17 Bolton St, Newcastle NSW 2300

BRISBANE
Level 6 200 Adelaide Street, Brisbane QLD 4000

MELBOURNE
Southern Cross, Level 2/696 Bourke St, Melbourne VIC 3000

This website is owned and operated by Elbob & Stephenson Pty Ltd and the legal professionals provide their legal services through the firm trading as EAS Legal