Event and Time
Event Description
On 11 November 2019, William Gardner was involved in a violent incident at his residence in Wangaratta. He assaulted Justine Havik, resulting in serious injuries, and threatened to kill Raymond Bodsworth, Havik's partner. Following the altercation, Gardner attempted to pervert the course of justice by directing his de facto partner, Sarah Adams, to alter her police statement concerning the incident.
Application and Claims
- Charges Against Gardner:
- Indictment K12920986.2: - Recklessly causing serious injury to Justine Havik (Maximum penalty: 15 years' imprisonment). - Threat to kill Raymond Bodsworth (Maximum penalty: level 5 imprisonment). - Indictment C2013617A: - Two charges of attempting to pervert the course of justice (Maximum penalty: 25 years' imprisonment).
- Circumstances:
- Alcohol was consumed by the adults present during the gathering. - The violence escalated after a physical altercation between Bodsworth and Havik. Gardner then assaulted Havik and threatened Bodsworth when he intervened.
Judicial Decisions
The court found Gardner guilty on all charges. The nature of his violent behavior and subsequent actions to obstruct justice were taken into serious consideration. A substantial term of imprisonment was imposed, along with a non-parole period.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Claims:
- Gardner's violent acts were unprovoked and reckless, leading to serious injury to Havik. - His threats to Bodsworth exemplified a clear intent to intimidate and instill fear. - Gardner's attempts to tamper with witnesses were premeditated and indicative of a disregard for the law.
- :