February 14, 2018

SM – Good outcome in sentencing hearing for client

Client arrested after causing injuries to another person

SM was in a Petersham unit with another person. She struck the other person over the head with a vase several times causing him serious head and facial injuries. SM called triple zero with the police and ambulance arriving a short time later. SM informed the police of what had happened. The police arrested SM and placed her in a police vehicle. She was informed that she was going to be searched which she responded with “You’re not touching me.” She drew her left leg under her body and kicked towards the police officer.

Charged with two offences

SM was charged with wounding a person with intent to cause grievous bodily harm and assaulting a police officer in the execution of duty. O’Brien Criminal and Civil Solicitors represented SM in her case.

Wounding charge withdrawn

With regards to the wounding charge, we informed the prosecution that SM had a strong self-defence case, and that they couldn’t convict her beyond reasonable doubt. The prosecution withdrew this charge.

Representation in sentencing hearing

SM pleaded guilty to assaulting a police officer. At her sentencing hearing we argued that she had cooperated with the police, submitted to arrest and cooperated in getting into the police van. The magistrate made an assessment on the objective seriousness of the charge and decided that a sentence under section 10A was appropriate. This meant that a conviction was recorded but no other penalty was given.

This is just one of many successful outcomes where O’Brien Criminal and Civil Solicitors has represented clients in sentencing hearings. If you have require representation call us on (02) 9261 4281 to book a free initial consultation.