May 26, 2016

Domestic violence and common assault: Police v DTA

Domestic violence – common assault, Section 61 Crimes Act 1900 – destroy or damage property, Section 195(1) Crimes Act 1900

Facts:

DTA was charged with assault and damage of property, arising out of an argument between himself and the complainant one night in the complainant’s flat. The actual facts of the fight were highly contested, but DTA accepted that he had slapped the complainant with an open palm. When police arrived they also found a broken fish tank.

Outcome:

During pre-trial negotiations, DTA agreed to plead guilty to the charge of common assault, and the prosecution agreed to amend the particulars of the facts to more accurately reflect the lower severity of the offence. The negotiations also resulted in the prosecution withdrawing the charge relating to the broken fish tank. DTA was sentenced to a short term of imprisonment.

If you are facing an AVO or AVDO, contact O’Brien Solicitors on (02) 9261 4281 to set up a free appointment with the apprehended violence order defence lawyers in our Sydney office.