May 26, 2016

Police v STA: Domestic violence and common assault

Domestic violence – common assault, Section 61 Crimes Act 1900 – plea negotiation – plea of guilty for amended facts – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999

Facts:

STA had previously been in a relationship with the victim, during which they had a baby together. STA and the victim separated shortly after the baby was born. The first incident occurred when STA arrived at the victim’s house, demanding to see the baby. The victim relented, and STA entered the house. While STA was holding the baby, STA became verbally abusive towards the victim. At one point STA kicked out and struck the victim.

The second incident occurred the following day. The victim was walking the baby around the neighbourhood in a pram when STA pulled up in a car alongside her. STA demanded to take custody of the baby. When the victim refused, STA tried to grapple with her.

STA was charged with two counts of assault, one for each of the above incidents.

Outcome:

STA accepted his guilt in relation to each assault but contested the context in which each occurred. The prosecution agreed to amend the particulars upon sentence to more accurately reflect what had transpired. STA was sentenced to a short good behaviour bond.

Contact O’Brien Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961