Intentionally Wound or Cause Grievous Bodily Harm

Our client was charged with inflicting GBH with intent, following an incident at the family home where our client used a nail gun to fire 3 nails at his step-mother which ultimately entered her skull.

Following months of tough negotiations with the DPP, the charge of Attempted Murder being withdrawn and dismissed, our client pleading guilty to Inflicting GBH with intent.

We issued numerous supboenas seeking the production of historical documents to prove a long history of abuse inflicted upon our client by the victim. A strong defence case was presented at the sentencing hearing.

Judge Sutherland, in June 2020, sentenced our client to a non-parole period of 2 years and 3 months.

An excellent result for our client, considering the seriousness of the offence.

Our client was charged with cause grievous bodily harm with intent, which attracts a maximum penalty of 25 years imprisonment.

Our client, unprovoked and heavily intoxicated, punches the victim outside a night club. The entire incident was captured on CCTV.

The victim sustained a broken jaw and required months of rehabilitation, with the possibility of permanent damage. Police submitted that the punch had the possibility to cause death.

We fought hard for our client in having the charge reduced to a charge of Recklessly Inflicting GBH, avoiding a trial before a jury at Wollongong District Court. The case proceeded to sentencing for the lessor charge.

On sentence, we submitted that our client was a well educated man of good character, and the offence was completely out of the ordinary. We argued that our client has good prospects of rehabilitation, and that recidivism is low.

Our client was sentenced to an Intensive Correction Order (ICO) for one year and 10 months, and 300 hours of community service.

This was an exceptional result, given the seriousness of the matter and the injuries suffered by the victim.

Our Principal Mr. Ly appeared at Parramatta District Court in June 2020, before His Honour Judge Sutherland.

Originally charged with Attempted Murder we successfully had the Charge withdrawn. Our client pleaded guilty to Maliciously Inflicting Grievous Bodily Harm.

After extensive investigations into our client’s family history, and subpoenaed documents from the Department of Family and Community Services, we compiled a detailed history of child abuse and family violence perpetrated against our client when he was a young boy. The material was powerful.

In sentencing, His Honour found the material highly relevant in exercising a degree of leniency in sentencing our client.

It was a difficult case that involved a high level of negotiation with the DPP and preparation for sentencing.

Our client was sentenced to a total sentence of 4.5 years with a Non-Parole period of 2 years 3 months. He had served 18 months at the time of sentencing and was eligible for parole in 9 months.

An exceptional result.

Court: Downing Centre Local Court

Magistrate: Deputy Chief Magistrate Mottley

Facts:
Our client was initially charged of wounding with intent to cause grievous bodily harm, carrying a maximum term of imprisonment of 25 years.

We appeared before Magistrate Schurr at Central Local Court in December 2017, where we applied for bail. Ms. Schurr refused bail on this occasion, citing the strength of the prosecution case based on the facts, and the serious nature of the charge.

Joe from our office got to work immediately, gathering evidence from witnesses that would prove to weaken the prosecution case, particularly in relation to the charge carrying a maximum of 25 years imprisonment. Statements were obtained from witnesses that suggested that the injuries caused without the requisite intent.

We appeared again at Central Local Court and applied for bail on a second occasion, about 3 months later. This time Magistrate Schurr was presented with alternative versions of events by other witnesses, casting doubt on the prosecution case and the intent of our client.

Bail was granted. Under strict conditions.

After tough negotiations, about 6 months later, our client pleaded guilty to a lessor charge of Reckless Wounding, the matter staying in the Local Court for sentencing.

Our client was sentenced to 3 months in jail. This was backdated to the period between 13 November 2017 to 5 February 2018.

He was not required to spend another day in gaol.

Our client was charged with inflicting grievous bodily harm (GBH) with intent. Our client attended a restaurant in Cabramatta over a dispute between himself and our his wife’s boyfriend.

The CCTV footage showed an Asian man of similar appearance to our client, was involved in a scuffle with the victim. CCTV identified our client was in fact involved in the fight which ensued among a group of people. During the fight, the victim was stabbed in the liver which amounted to GBH.

Our client was accused of stabling the victim. However, the only evidence against our client was the victim’s version of events which identified our client holding a knife.

Before Campbelltown District Court, our client admitted to being involved in the fight but gave evidence that he did not stab, or influence anyone else to stab the victim.

Our legal team, consisting of our Solicitor and Barrister, through vigorous cross examination of the witness obtained evidence of the victim’s motive to and get revenge.

The evidence of the foul motive of the victim led the jury, over a short deliberation of one hour, to find our client not guilty. An outstanding result for our client.