October 12, 2018

Good behaviour bond for client breaching AVO – RL

Read about how we assisted a client in getting a good behaviour bond after being charged with common assault and breaching his AVO.

Client and victim were involved in an argument

RL and the victim were in a domestic relationship. There was an AVO in place against RL with the victim as the person in need of protection. The AVO prevented RL from assaulting or threatening the victim.

On the day in question, RL threatened to smack the victim’s son. The victim claimed that she feared that RL was going to assault the child. The two parties got into an argument where the victim stated she wanted the relationship to end and asked RL to leave the premises.

Client charged with common assault and breaching AVO

When he refused to leave, the victim called the police. The police charged RL with common assault and breaching his AVO.

RL had a long history of common assaults with custody, and so there was a strong presumption in favour of a custodial sentence.

Strong defence submissions

He entered a guilty plea at Mt Druitt Local Court. The defence arranged referrals to community organisations to assist him and provide counselling. The court took into considering the defence’s submissions, and agreed that RL’s case was towards the lower end of objective seriousness, despite his prior record.

He was granted a section 9 good behaviour bond of 2 years for each offence and released from custody immediately upon sentence.

If you have been charged with common assault or breaching an AVO, speak to one of our experienced criminal defence lawyers. Call us on (02) 9261 4281 to book a free initial consultation.