June 29, 2018

Not guilty to assaulting police: AB Client

Client under ADVO when she visited her family’s house

AB was under a domestic violence apprehended violence order (AVO) which prohibited her from visiting the house of her sister, mother and step-father. On the night in question, AB went to this house to ask her mother for money. After consuming some alcohol, a dispute began between AB and her step-father. AB grabbed a knife and tried to cut herself with it, but, her step-father was able to prevent her from doing so. Her sister called triple 0 before AB ran out of the house and down the street, only to return a few moments later. She was on the front porch and began banging on the front door.

Several charges laid against client

When the police arrived, they grabbed AB and restrained her. She struggled against them and her nails scratched the skin of several police officers. She was charged with 4 counts of assaulting a police officer in execution of duty, and contravening her apprehended domestic violence order. She pleaded not guilty to the 4 assaults and pleaded guilty to breaching the ADVO.

Verdict of not guilty for the assault charges

We represented AB in her hearing at Bankstown Local Court. In relation to the assaulting police charges, the defence submitted that the police were not acting appropriately whilst in the execution of their duty at the time of the incident. The police had not consulted paramedics before they approached our client. They surrounded AB and she was compliant with them. It was not until the police grabbed her that she reacted. This argument was successful where she was found not guilty to the 4 assault charges.

Client sentenced to good behaviour bonds for the breaching ADVO charge

In relation to the breaching ADVO charge, we represented AB in her sentencing hearing. We obtained a pre-sentence report and a psychological report that outlined her mental health concerns. She was given a section 9 supervised good behaviour bond.

If you have been charged with an offence such as common assault or breaching an AVO, speak to O’Brien Criminal & Civil Solicitors to get expert advice on your case.