Key Words: Common assault, Crimes Act 1900 Section 61 – apprehended violence order, Section 19, Crimes (Domestic and Personal Violence) Act 2007 – plea negotiation – charges withdrawn
WZP was charged with two counts of common assault and was under threat of an AVO following an extended altercation with his partner. WZP and his partner had been at a pub together when WZP had roughly pulled his partner away from a group of males. After they left the bar, WZP’s partner went to stay at a friend’s place. Later that night, WZP arrived at the friend’s place and pushed the partner during his attempts to gain entry.
The defence helped WZP engage in a plea negotiation, during which it was agreed that he would plead guilty to the first charge of common assault if the second charge and the AVO were withdrawn. During the negotiation, the defence made strong representations about the efficacy of this course of action. The plea negotiation was successful, all but one of the charges were withdrawn.