Assault following sexual assault: Police v RW

Father punches youth who may have sexually assaulted his daughter

assault battery bodily harm punchPolice charged RW, an adult, with an assault on a 15 year old boy.  However, the assault occurred against a complex background.

This involved an allegation that RW’s 15 year old daughter experienced sexual assault by the 15 year old victim of the violent assault.  During an altercation in a public place, RW had lost his temper and punched the young victim in the face.

Subsequently, the victim complained to police and they charged RW with an assault of a minor.  Following this, RW pleaded guilty but argued that there was provocation brought on by the ongoing conduct of the victim leading to the assault.

Outcome: Provocation is a factor in the Section 10 dismissal of the case

Taking into account the very significant degree of provocation, and taking into account the evidence of RW, the Local Court considered the degree of provocation very significant in the particular matter. Consequently, the magistrate dismissed it pursuant to section 10 of the Crimes (Sentencing Procedure) Act.

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. Our lawyers have had outstanding success in helping those accused in complex scenarios.

Testimonial from the client for our criminal defence lawyer

“I am writing to thank you for helping me in my case and getting the best outcome. The one thing that I would really like to express appreciation for is your representation to the magistrate, it was concise and had all that was needed regarding the events leading up to the incident. Once again thank you, it is a relief not to have this hanging over my head.” RW


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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