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:

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

A security officer has intervened to separate both men, the offender has assaulted the security officer by kicking his upper leg. The offender has then attempted to further assault the security guard. Further security officers arrived and have removed the offender from the premises, Police appeared on scene arresting the offender and taking him into custody. The offender pleaded guilty to the charge of assault.

Outcome:

O’Brien Solicitors set out the offender’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 the offender 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 the offender 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).