Police v EPH

Key Words: College students ­– plea negotiation ­– other charges withdrawn – common assault, Section 61 Crimes Act 1900  – plea of guilty – non-conviction order, with a good behaviour bond – served with an AVO

Facts:

EPH and the victim had been in an on-off relationship for over a year-and-a-half. The facts agreed on by both parties were that EPH and the victim had been drinking together at a pub, before being ejected from the pub for arguing. EPH and the victim walked back to EPH’s place. They began to argue again when they reached EPH’s backyard. During the course of the argument, EPH pushed the victim backwards with two open hands, causing her to fall back onto the ground.

Outcome:

Prior to the case going to trial, O’Brien Solicitors represented EPH in a plea negotiation. As a result of the plea negotiation, other charges against EPH were withdrawn and he agreed to plead guilty to the above incident of common assault. The court delivered a non-conviction order on the condition that EPH enter into an 18-month good behaviour bond.