Key Words: Assault occasioning actual bodily harm – common assault – plea of guilty –section 10 Crimes (Sentencing Procedure) Act 1999– 18 month good behaviour bond
The first victim and the offender were in a domestic relationship when the offender was charged with one charge of assault occasioning actual bodily harm and three charges of common assault. The offender disputed the appropriateness of the charges.
The solicitor for the offender made representations to the Police on the appropriateness of the charges, the Police withdrew charge sequence 3. On the remaining charges the solicitor for the offender made submissions that the matter fell within the provisions of section 10 of the Crimes (Sentencing Procedure) Act. In doing so, the solicitor set out the offender’s subjective case as a person of good character being a professional at a large financial institution, and his remorse. The solicitor also tendered a psychological report on the offender’s behalf as to his remorse and his ongoing rehabilitation on anger management issues.
The Local Court Magistrate conditionally dismissed the charge without recording a conviction pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act upon the condition that the offender enters into a bond to be of good behaviour for 18 months, report to Probation and Parole, and accept the supervision and guidance and comply with all reasonable direction of the Probation and Parole Service in relation to anger management. A 12 month apprehended violence order was made on mandatory terms 1(a), (b), and (c).