Charges
The client was charged with a historical arson, with the alleged offending having occurred a decade prior. It was alleged the accused burnt down a residential home for insurance purposes.
The Problem
Criminal damage by fire is treated very seriously by the courts. A trial exposed the client to a significant sentencing risk if the prosecution case were accepted. Historical data from the Sentencing Council of Victoria shows that 86% of higher court arson cases result in an immediate term of imprisonment.
Our Approach
Pre-trial submissions were directed at the strength of the prosecution’s evidentiary brief and the public-interest test for continuing the prosecution. A costs application was prepared in parallel.
Outcome
The prosecution withdrew the charge in full before trial. The Court awarded costs in our client’s favour.
Why This Case Matters
Targeted pre-trial submissions on the strength of the brief can resolve a serious matter without a trial, and in appropriate cases support a costs order against the prosecution.