June 29, 2018

Strong defence submissions results in the dismissal of common assault charges: GD

GD and the victim were previously in a domestic relationship but had separated approximately 6 months before the incident in question. On the day of the incident GD and the victim spent the day together at Thirroul beach with no issues. When they left the beach they became involved in a verbal argument which continued during the course of GD driving the victim home. It was the police’s case that, GD began to get extremely abusive and aggressive towards the victim and at one point slapped her in the face.

Client charged with common assault

The victim contacted the police when she arrived home. The police attended GD’s home to arrest him however he was not home. Police then contacted GD and requested he attend Macquarie Fields Police Station which he agreed to do. When he attended the police station he was arrested and charged with common assault.

O’Brien Criminal & Civil Solicitors presented a strong defence for GD during his sentencing hearing. References from the victim showed that she had not intended for the matter to escalate this far, and that GD had never been an aggressive person prior to the incident.

Charges dismissed without conviction

GD was working as a teacher’s aid and a conviction would significantly affect his prospects of becoming a teacher. He pleaded guilty at earliest opportunity, cooperated with the police and had no criminal history. The Magistrate took into consideration the strong submissions made by the defence and dismissed the charges without conviction on the condition that he enter into a good behaviour bond.

If you have been charged with common assault contact O’Brien Criminal & Civil Solicitors to get expert legal advice. Call us on (o2) 9261 4281 for a free initial consultation.