Original Charge: Wilful damage
Replacement Charge: Unlawful interference with fire apparatus
Wilful Damage
Solicitor: Erin Mitchell
Court: Brisbane Magistrates Court
Date: 22 November 2017
Our client was originally charged with wilful damage which carries a maximum penalty of 5 years imprisonment. It was alleged that he had punched the emergency glass casing to a fire emergency switch causing it to shatter. Our client did not accept the facts alleged and advised the glass was already damaged and he simply attempted to gain access to the key which he thought would open the fire door next to the switch.
We made submissions to the Prosecution prior to his court appearance and reached an agreement to replace the existing charge with a less serious offence which carries a maximum penalty of 50 penalty units or 6 months imprisonment.
Our client was a young man and the impact of a recorded conviction for our client was significant – not only for his future career (he was currently studying at university) but also for his ability to maintain a driver’s authority allowing him to work as an Uber driver.
WARNING:
This is a summary of an actual case. Details have been omitted to protect the privacy of our client. We select cases which are informative and no guarantee is provided that similar results are achievable in all cases. Every case is different and you should obtain legal advice specific to your matter and circumstances.
We made submissions on his behalf and the Court ultimately ordered that he be of good behaviour for 12 months with a $400 recognisance (which is only payable if he breaches the good behaviour order). This order means that automatically no conviction was recorded and is considered a lesser penalty than a fine.
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