September 26, 2014

Police v JC

Key Words: Assault – plea of guilty – section 10 Crimes (Sentencing Procedure) Act 1999 – 12 month good behaviour bond – apprehended violence order on mandatory terms

Facts:

Our client was drinking at an upmarket bar in Sydney CBD. He was intoxicated at the time and a verbal argument resulted between him and the victim resulting in JC punching the victim numerous times to his face.

A security officer intervened to separate both men which resulted in JC allegedly assaulting the security officer by kicking his upper leg. JC then attempted to further assault the security guard. Security officers arrived and removed JC from the premises, where Police appeared on the scene arresting JC and taking him into custody. Our client pleaded guilty to the charge of assault.

Outcome:

O’Brien Criminal and Civil Solicitors set out JC’s subjective case as a person of good character, his strong family support and his remorse. The solicitor also tendered several family references on the offender’s behalf and a letter from JC addressed to the Court stating his ongoing rehabilitation and remorse for the incident.

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 JC enters into a bond to be of good behaviour for 12 months. A 12 month apprehended violence order was also made on mandatory terms 1(a), (b), and (c).