Key Words: Common assault, Section 61 Crimes Act 1900 – breach of AVO, Section 14 Crimes (Personal and Domestic Violence) Act 1900 – plea of not guilty – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999
PDH was charged with assault and breaching an AVO, in relation to two separate incidents that occurred on the same night. PDH attended hospital for a cut on his neck, which he said was sustained after a random assault by a stranger. It was alleged by medical officers that PDH attempted to assault hospital staff following his treatment.
After leaving the hospital, PDH took a taxi to his parents’ place. Previously PDH had been banned from visiting his parents’ place by an AVO, which had since expired. PDH was nonetheless arrested and charged for the breach of AVO. PDH instructed the defence to plead not guilty to both charges.
In a contested hearing, the defence were able to establish the fact that the AVO against PDH had in fact expired. He was found not guilty on the charge of breaching the AVO. On the charge of assault, the weight of witness testimony favoured the prosecution, and PDH was found guilty. He was sentenced to an 18-month supervised good behaviour bond.