July 15, 2019

BS – Client receives no conviction for domestic violence matter

Facts: Common assault and Contravention of AVO (Apprehended Violence Order)

BS was charged with common assault of his wife and contravention of AVO.

BS is diagnosed with schizophrenia and was not taking his medication on the night of the incident. His wife was in the dining room of their family home when she asked BS to to fix their email account which was not allowing her to send emails. BS began to verbally abuse her and asked her about various activity on her phone.

She responded that she was over him and his crazy comments.

BS then stated that their relationship was over. BS walked over to her and used his right shoulder to hit her right shoulder with enough force to cause her to fall backwards into a bookcase behind, which caused pain to her neck. She refused medical treatment and stated she wasn’t injured as a result of the assault.

Later that night, police attended the home and placed SM under arrest.

Outcome: Newtown Local Court guilty plea: community release order without conviction

O’Brien Criminal and Civil Solicitors successfully represented BS at Newtown Local Court in Sydney’s inner west.

We negotiated the facts and terms of the AVO on the morning of the disputed facts hearing. We entered a plea of guilty to common assault and contravention of an AVO charge, as instructed by BS.

The matter proceeded to sentence before Her Honour. In determining the appropriate penalty, Her Honour accepted our submissions and took a number of matters into account including:

  • the offence was less serious due to the circumstances surrounding BS,
  • an early guilty plea,
  • being a person of prior good character,
  • and being a person who is unlikely to re-offend.

Her Honour, when considering all the above factors, granted some leniency to BS, despite the fact that this was a domestic violence matter.

BS was sentenced to a Community Release Order (without conviction) for a period of 18 months for the common assault charge. In relation to the contravening AVO matter, Her Honour dismissed the charge.

O’Brien Criminal and Civil Solicitors are experienced in defending various types of assault charges. If you are a victim of, or have been charged with an assault offence, call us on (02) 9261 4281 or email us at today to discuss your legal options.