Common assault, Section 61 Crimes Act 1900 – representation – non-conviction conditional on good behaviour bond, Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999
Facts:
MGB was good friends with the partner of the complainant, and was invited by the couple to move in to their Liverpool , in Sydney’s southwest suburbs, share house.
MGB’s relationship with the complainant quickly deteriorated over the course of four months. One day MGB asked to store a friend’s tool box in the garage. The complainant agreed, but MGB and the complainant began to bicker about the placement of the tool box. MGB said “I’m sick of your shit,” before pushing the complainant in the chest.
The complainant left the property, but returned an hour later and began to angrily turn MGB out of his room. MGB responded by hitting and pushing the complainant again. The complainant immediately went to Liverpool Police Station, and MGB was charged with two counts of common assault. MGB cooperated with police.
Outcome:
Verbal representations were made to the police prosecutor, and it was agreed that MGB would plead guilty to one of the charges of assault if the other charge were dropped. On sentencing, the defence lawyers made representations in mitigation of MGB’s culpability, and MGB was sentenced to a non-conviction order contingent on his successful completion of a 12-month good behaviour bond.
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