Key Words: Domestic violence related common assault, Section 61 Crimes Act 1900 – breach of AVO, Section 14 Crimes (Personal and Domestic Violence) Act 2007 – bail refused – strong submissions upon sentencing – time served – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999
FDN was charged with common assault (domestic violence related) and subjected to an AVO in relation to that matter, and on the following day was charged with a breach of that AVO. FDN lived with his mother, and was accused of violently threatening her during the course of an argument.
He was arrested in relation to the matter, and served with the AVO. FDN was released from the police station after midnight, and with nowhere else to go returned to his mother’s place to sleep. He was arrested the next morning for breach of the AVO, and – in order to stop FDN from breaching bail again – was refused bail.
By the time that FDN’s matter came to trial, the prosecution had withdrawn the charge of common assault against FDN due to the weakness of the evidence, as demonstrated by the defence in its representations to the prosecution. FDN plead guilty to the unarguable breach of the AVO. During sentencing the defence argued that FDN was unconscionably placed with the choice of breaching the AVO or homelessness.
On the strength of the submissions, FDN was sentenced to the time already served in custody, and a six-month good behaviour bond.