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There are various types of assault related offences, all of which vary in seriousness.
The degree of seriousness of each particular assault offence will depend largely on the degree of harm that has been inflicted on the alleged victim.
If serious harm, or ‘Grievous Bodily Harm’ was inflicted upon the alleged victim, the penalties for the assault has be lengthy terms of full time imprisonment.
Here is a list of the most commonly charged assault offences.
Our client was charged with intimidation, assault, and damage property.
It was alleged that our client engaged in a sustained attack against his partner including at one point using a coke bottle to strike the victim to the head six times causing bruising and swelling to the victim.
Further it was alleged our client had destroyed her computer equipment and made a number of violent threats.
The matter proceeded to sentence at Parramatta Local Court and our solicitor argued that our client was provoked after being slapped to the face by his partner and that these offences were out of character.
Further it was submitted that convictions would put a end to our clients medical career as an aspiring Doctor.
The court agreed that it could find provocation, and decided not to put an end to our clients medical career.
Our client was placed on long bonds pursuant to Section 10.
Our client was charged with intimidation, assault, and damage property.
It was alleged that our client engaged in a sustained attack against his partner including at one point using a coke bottle to strike the victim to the head six times causing bruising and swelling to the victim. Further it was alleged our client had destroyed her computer equipment and made a number of violent threats.
The matter proceeded to sentence at Parramatta Local Court and our solicitor argued that our client was provoked after being slapped to the face by his partner and that these offences were out of character. Further it was submitted that convictions would put an end to our client’s medical career.
The court agreed that it could find provocation, and decided not to put an end to our client’s medical career.
Our client was placed on long bonds pursuant to Section 10.
Our client was a sophisticated young lady studying at university. She was charged with common assault after an incident at a local hotel where she slapped the ex-girlfriend of her current boyfriend.
The ex-girlfriend has a history of bulling our client on Facebook, frequently driving past her house in an intimidating manner and taunting our client through text messages.
Our team of solicitors made representations to the police to amend the facts which painted our client in a much more favourable manner. As well as handing us character evidence and evidence of the impact of a conviction in employment. This was a critical to ensuring our client was in the best possible position to receive a section 10.
Our client pleaded guilty to the amended facts and the matter was heard before His Honour Prowse at Bankstown Local Court.
His Honour immediately indicated that he was disinclined to grant a section 10 without proof of the mitigating circumstances, constituted by the harassing behaviour of the victim.
Our solicitor called our client to give evidence, which provided proof that the behaviour of the victim constituted a degree of provocation which lead His Honour to exercise his discretion in granting our client the leniency of a section 10.
Our client was extremely relieved at the conclusion of the case and remains a young lady of good character.
This was an excellent result.
Our client was a 33 year old retail sales manager charged with common assault. He was desperate to keep his record clean so called LY Lawyers to help him do that.
Our lawyer negotiated with police in relation to the facts of the case. Our lawyer appeared before Local Court Magistrate Keady at Blacktown Local Court and made submissions that the assault was committed in the context of a highly charged emotional confrontation, that our client had no prior record and that he was seeking counselling at his local church to help him deal with his marriage breakdown.
Despite the prosecutor opposing the Section 10 bond, His Honour Keady was convinced by our lawyer’s submissions and imposed the Section 10 bond for a period of 12 months.
The client was extremely happy with the result and broke down in tears of relief afterwards.
Our client was a 26 year old painter who was on a Section 10 Bond for a drive whilst suspended.
On a night out, he got into some trouble with police and they charged him with resist police and hinder police. Our lawyer negotiated with police to have the charge down-graded to fail to comply under LEPRA – a fine-only offence.
Our lawyer appeared before Local Court Magistrate Farnan at Waverley Local Court and made strong submissions that the offence was on the lower end of objective seriousness and that it was open to Her Honour to find that it a trivial breach. She agreed with our lawyer and took no action on the breach. The client was very happy as he was potentially facing loss of his licence!
Our client pleaded guilty to assaulting police and resisting arrest.
The circumstances in which the offence occurred involved our client sitting in a gutter in Sydney, soaking wet and wearing only one shoe. When Police noticed our client he hopped over to Police. He swore at Police and then pushed an officer who was sitting in the Police car making contact with his left eye. Police attempted to arrest our client during which he resisted by attempting to struggle free.
The reason for our client’s strange and highly uncharacteristic behaviour is that he had taken bad LSD which had severe side effects. Our client’s friend who took the same LSD ended up in hospital.
Our client was sentenced before the Downing Centre Local Court where our Criminal Defence Lawyer persuasively argued for a section 10 on the basis of our client’s good character and sincere remorse following an awful lesson in the consequences of illicit drugs.
Our client received a section 10(1)(b) bond for 2 years.
This was an excellent result for our client who was a young man with all his life ahead of him.
Our client was a 48 year old man who had mouthed off at his ex-wife’s 21 year old son. Police charged him with stalk/intimidate. Our lawyer successfully negotiated with the police to have the facts amended to reflect our client’s instructions.
Magistrate Swain at Fairfield Local Court took one look at the facts and record, heard what our lawyer had to say and dismissed the charge under Section 10(1)(a).
Our client could keep his record clean and was very happy with the result.
Our client was out drinking with a friend when a disturbance occurred with Hotel Security. Police attended and a scuffle started where our client became involved. He and his friend were arrested and charged with Resist/Hinder police Officer and Assault Police Officer. We successfully negotiated with Police over the alleged facts and represented our client at a sentence hearing. Submissions were made to the Magistrate who was persuaded not to record a criminal conviction against our client but to place him on a Good Behavior Bond for a period of 18 months. The Magistrate was swayed by the submissions in relation to ‘any other matter that the court thinks proper to consider’ those being the ‘overwhelming subjective material and family support displayed’.
The Co-offender was convicted receiving a Criminal Record and a Bond.
Our client was a 53 year old man charged with assaulting his neighbour, punching him 3 times, causing a bleeding nose.
The dispute began over an argument between our client and his neighbour over our client’s barking dog. The neighbour approached our client’s property, at which time our client struck him a number of times, knocking him to the ground. He suffered a bleeding nose and was treated by the ambulance at the scene.
The matter appeared before Liverpool Local Court in June 2014. Adam of our office appeared for our client. He argued that there was more to the story than the facts portrayed.
We argued that there was a significant level of provocation displayed by the victim, and that our client was not a man of violent disposition, had no criminal record, and pleaded guilty at the first opportunity.
Magistrate Clisdell agreed that the matter could be disposed of without a conviction. He ordered our client enter a s.10 bond for 18 months.
An excellent result in the circumstances.
Our client was charged with common assault. It was alleged our client “king hit” the victim to back of the head during meelee at a football game causing the victim to collapse to the floor.
Our client was represented by a legal aid at Windsor local court and received a 6 month term of imprisonment to be served by way of intensive corrections order.
Our firm was instructed for the severity appeal listed at Penrith District Court.
Our solicitor persuaded Judge English that the local sentence was too severe and the client should be dealt with by way of a Section 10 given our clients remorse and contribution, good character and excellent prospects of rehabilitation.
The client was very impressive when called upon to give oral evidence at court.
Our solicitor relied on recent case law which held that more weight should be given to rehabilitation rather than deterrence when sentencing our client who was 19 years old when the offence was committed.
Judge English agreed and placed our client on a Section 10 bond for 12 months
Our client was charged with common assault. Legal Aid appeared for her at the beginning of the matter and a plea of guilty was entered to common assault however she did not accept the Facts which stated she hit, threatened and spat at the victim.
Through negotiations and setting the matter down for a disputed facts hearing, the Police finally agreed to our changes to the facts which showed that our client only spat in the direction of the victim when the victim provoked her and threatened her by having six persons come to our client’s home and wait outside.
The matter was heard at Penrith Local Court where we were successful in obtaining a section 10(1)(b) Bond and an interim AVO of six months whereat if nothing happened the AVO would be dismissed, instead of a final AVO being ordered.
Our client was charged with assault occasioning actual bodily harm, common assault and using intimidation to cause fear. These allegations resulted from a turbulent dispute with his wife, whom our client had recently separated from.
We argued that our client’s wife had a history of using violence at home and a selective recollection of her actions and words during arguments. Her tendency to lie was reflected in her version of facts she provided to police.
The discrepancy between our client’s version and the victim’s version weakened the prosecution case.
On the day of hearing at Parramatta Local Court, the prosecution withdrew all charges except common assault to which our client pleaded guilty and received a section 10 bond.
Our client has been able to move on in life without a conviction, penalty or criminal record.
Our client was charged with common assault following a domestic violence incident with her ex-husband. She pleaded guilty to pushing her ex-husband out of the way when she wanted to leave the house after an argument.
As a condition of her employment as a government contractor, our client’s opportunities for employment contracts in the future may come into jeopardy as a result of a conviction.
Our client had no criminal record and she was a person of good character within the community which was reflected in the heartfelt references of her friends and colleagues.
The matter was dealt with at Liverpool Local Court before His Honour Magistrate Degnan. Our solicitor handed up proof in the form of a Policy Directive from the NSW government as proof that our client would suffer in the future due to a conviction.
His Honour dealt with our client by way of section 10(1)(a). Our client received no conviction and no punishment.
This was an excellent result for our client.
Our client was charged with four charges:
Our client pleaded not guilty to all expect the charge of assault occasioning actual bodily harm. At trial, a jury found him not guilty of the other three charges.
There were several inconsistencies with the complainant’s evidence and the Jury found our client not guilty after a four day trial.
He was sentenced for the assault occasioning actual bodily harm to 2 years imprisonment with 14 months non parole. He was released from custody the same day. Our client had a history of violence, including domestic violence. He had been in custody waiting for the trial.
Our Client was charged with Biting a Law Enforcement Officer.
The allegations were that our client, in the midst of a fight in the Crown Casino in Brisbane, had bitten a security guard, piercing the skin and causing temporary pain and marking. Our client insisted that it was a case of provocation and misunderstanding. We negotiated with the prosecutors to withdraw some unfavourable facts and plead guilty to the amendments.
Biting in Queensland is the equivalent to the One-Punch Rule in NSW – almost certain to serve a custodial sentence.
The Victim put to the court that he was both mentally and physically scarred for life, however the proficient research of our solicitors to find several similar cases, all with differing but important factors involved, allowed us to present the plea in a manner as to avoid a full custodial sentence.
The client received a NON-CONVICTION conditional on a 12 month probationary bond.
The non-conviction meant that this incident did not hamper on his future prospects and ability to continue to achieve his desired objectives, including overseas travel.
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