Assault after telling victim to shut up
BPR lived in a block of flats in the inner city of Sydney. On the night of the incident, she could hear the complainant downstairs causing a loud commotion. She went to the railing outside of her unit, shouted “Shut the fuck up!” and went back inside.
Shortly afterwards, the complainant knocked on BPR’s door and began a verbal argument with BPR. BPR went back inside, fetched a bedpost, and tried to get the complainant to leave. However, in the course of doing so she swung the bedpost at him once, but did not cause him injury.
When police took in BPR she made full and frank admissions to using the bedpost to try and warn the complainant off her doorstep.
Charges of affray and assault
Subsequently, our criminal defence lawyers made representations to the prosecution to the effect that police had been incorrect to charge BPR with both:
- and being armed with an intention to commit a serious indictable offence.
Thus, on the strength of these representations, those two charges were withdrawn. In conclusion, BPR pleaded guilty to the remaining charge of common assault, and got a sentence of a 12-month good behaviour bond.
If you’re facing assault charges, contact our assault lawyers right now. We can help you get the best possible result in court, even getting the prosecution to withdraw or downgrade the charges.
- Section 93C(1) Crimes Act 1900
- common assault
- Section 61 Crimes Act 1900
- armed with intention to commit serious indictable offence
- Section 114(1)(a), Crimes Act 1900
- representations to prosecution
- charges withdrawn
- plea of guilty
- good behaviour bond
- Section 9 Crimes (Sentencing Procedure) Act 1999
Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961