Violence and assault case studies
Click on the case name to review real violence offence case studies in which O’Brien Solicitors’ Sydney criminal defence lawyers have acted. See the results we have achieved and what our clients have said about us.
Murder charge for man after severe beating: R v AA
Assault and affray at a family gathering
Not guilty: assault officer & disturbance of public order
Juvenile found not guilty of affray at Children’s Court
Police v CS: Section 10: reckless grievous bodily harm & domestic violence
Breaching AVO Police v VH
Police v APN intimidate police without causing actual bodily harm offensive behaviour
Stalk/Intimidate intend fear physical harm (Domestic), Section 13(1) Crimes (Domestic and Personal Violence) Act 2007– Common Assault (DV), Section 61 Crimes Act 1900 – Assault occasioning actual bodily harm (DV), Section 59(1) Crimes Act 1900
Behave in offensive manner in public resulting in charges under Section 4(1) Summary Offences Act 1988 – Affray, Section 93C(1) Crimes Act 1900- Order for non-conviction and good behaviour bond, section 10(1) Crimes (Sentencing Procedure) Act 1999
Police v BDK: section 546C Crimes Act 1900
Affray, Section 93C(1) Crimes Act 1900 – representations to the police prosecutor – charge completely withdrawn
Robbery whilst armed with an offensive weapon, Section 97(1) Crimes Act 1900 – use of an offensive weapon to resist arrest, Section 33B(1)(a) Crimes Act 1900 – sentencing hearing – subjective factors
Police v BPR: Assault and Affray
Affray, 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to commit serious indictable offence, Section 114(1)(a), Crimes Act 1900 – representations to prosecution – charges withdrawn – plea of guilty – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999
Common assault, Section 61 Crimes Act 1900 – representation – non-conviction conditional on good behaviour bond, Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999
Escape police custody (NSW common law) – behave in offensive manner near public place, Section 4(1) Summary Offences Act 1988 – common assault, Section 61 Crimes Act 1900 – plea negotiation and good behaviour bond – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999
Common assault (domestic violence related), Section 61 Crimes Act 1900 – representations to police prosecutor – apprehended violence order, Section 19, Crimes (Domestic and Personal Violence) Act 2007
Common assault, Crimes Act 1900 Section 61 – apprehended violence order, Section 19, Crimes (Domestic and Personal Violence) Act 2007 – plea negotiation – charges withdrawn
Stalk/intimidate, Section 13(1) Crimes (Domestic and Personal Violence) Act 2007 – contravene AVO, Section 14(1) Crimes (Domestic and Personal Violence) Act 2007 – destroy or damage property, Section 195(1)(A) Crimes Act 1900 – supervised good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999
Common assault, Section 61 Crimes Act 1900 – breach of AVO, Section 14 Crimes (Personal and Domestic Violence) Act 1900 – plea of not guilty – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999
Domestic violence related common assault, Section 61 Crimes Act 1900 – breach of AVO, Section 14 Crimes (Personal and Domestic Violence) Act 2007 – bail refused – strong submissions upon sentencing – time served – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999
Behave in an offensive manner in a public place, Section 4(1) Summary Offences Act 1988 – affray, Section 93C(1) Crimes Act 1900 – weak evidence against accused – plea negotiation, charge withdrawn – plea of guilty – good behaviour bond, Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999
Key Words: All-grounds appeal – common assault, Section 61 Crimes Act 1900 – inconsistent prosecution evidence – conviction with no other penalty, Section 10A Crimes (Sentencing Procedure) Act 1999
Common assault, Section 61 Crimes Act 1900 – robbery in company, Section 97(1) Crimes Act 1900 – plea negotiation – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999
Accessory after the fact of firing a firearm in a public place, Sections 350 and 93G(1)(b) Crimes Act 1900 – attempted aggravated break and enter, Section 113(3) Crimes Act 1900 – sentence backdated to take account of time served
Take/detain person with intent to obtain advantage (domestic violence), Section 86(1)(b) Crimes Act 1900 – aggravated enter dwelling with intent, Section 111(2) Crimes Act 1900 – common assault (domestic violence), Section 61 Crimes Act 1900 – stalk/intimidate with intent to cause fear of harm, Section 13 Crimes (Domestic and Personal Violence) Act 2007 – contravene apprehended violence order, Section 14 Crimes (Domestic and Personal Violence) Act 2007 – rehabilitation of client – sentenced to time served
Domestic-related incidents – attempt to stalk or intimidate, Section 13(5) Crimes (Domestic and Personal Violence) Act 2007 – common assault, Section 61 Crimes Act 1900 – intentionally/recklessly damage property, Section 195(1) Crimes Act 1900 – found not guilty
Common assault, Section 61 Crimes Act 1900 – behave in offensive manner near public place, Section 4(1) Summary Offences Act 1988 – damage property by fire, Section 195(1)(B) Crimes Act 1900 – destroy or damage property, Section 195(1)(A) Crimes Act 1900 – contested hearing – fine – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999
Common assault, Section 61 Crimes Act 1900 – affray, Section 93C(1) Crimes Act 1900 – defended hearing – contested evidence – self-defence
Contravene apprehended domestic violence order, Section 14(1) Crimes (Domestic and Personal Violence) Act 2007 – plea of guilty – serious domestic violence alleged – negotiations on particulars – non-custodial sentence imposed
Domestic assault, common assault, Section 61 Crimes Act 1900 – Breach domestic violence order, Section 14(1) Crimes (Domestic and Personal Violence) Act 2007 – contravene prohibition or restriction apprehended domestic violence
Assault occasioning actual bodily harm, Section 59(1) Crimes Act 1900 – common assault, Section 61 Crimes Act 1900 – arguable self-defence – child victim – plea negotiations – no conviction result – good behaviour bond, Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999
Domestic violence – common assault, Section 61 Crimes Act 1900 – destroy or damage property, Section 195(1) Crimes Act 1900
Airport offences – obstruction of Commonwealth public officials, Section 149.1(1) Criminal Code Act 1995 – behave in a disorderly manner at an airport, Regulation 4BZ Airports (Control of On-Airport Activities) Regulations 1997 – successful plea negotiation – non-conviction order, Section 10(1)(a) Crimes (Sentencing Procedure) Act 1999
Domestic violence – common assault, Section 61 Crimes Act 1900 – plea negotiation – plea of guilty for amended facts – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999
Apprehended domestic violence order – Section 15 Crimes (Personal and Domestic Violence) Act 2007 – false complaint – AVO withdrawn and dismissed
College students – plea negotiation – other charges withdrawn – common assault, Section 61 Crimes Act 1900 – plea of guilty – non-conviction order, with a good behaviour bond – served with an AVO
Contravene apprehended violence order, Section 14 Crimes (Domestic and Personal Violence) Act 2007 – stalking or intimidation with intent to cause fear of physical or mental harm, Section 13 Crimes (Domestic and Personal Violence) Act 2007 – plea of guilty – 12 month good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999 – not guilty to other charges
Common assault, Crimes Act 1900 Section 61 – town hall meeting – elevator scuffle – not guilty – costs awarded in favour of defendant
Demand property with menaces with intent to steal, Crimes Act 1900 Section 99 – assault with intent to rob in company, Crimes Act 1900 Section 97 – intimidation with intent to cause fear of physical or mental harm, Crimes (Domestic and Personal Violence) Act 2007 Section 13 – reliability of witness – not guilty
Contravene prohibition/restriction in an ADVO – Crimes (Domestic and Personal Violence) Act 2007 section 14 – grandmother/granddaughter – not guilty
Common assault, Crimes Act 1900 section 61 – affray, Crimes Act 1900 section 93C – resist officer in execution of duty, Crimes Act 1900 section 58 – pub brawl – single punch – good behaviour bond, Crimes (Sentencing Procedure) Act 1999 section 9 – suspended sentence, Crimes (Sentencing Procedure) Act 1999 section 12
Common assault, Crimes Act 1900 section 61 – service station – non-conviction (dismissal of charges and conditional discharge of offender), Crimes (Sentencing Procedure) Act 1999 section 10
Common assault – section 61 Crimes Act 1900 – custody of knife in public place – section 11C(1) Summary Offences Act 1988 – pub brawl – suspended sentence – section 12 Crimes (Sentencing Procedure) Act 1999 – community service order – section 8 Crimes (Sentencing Procedure) Act 1999
Stalk/intimidate intending to cause fear of physical or mental harm, section 13 Crimes (Domestic and Personal Violence) Act 2007 – unlawful entry on inclosed lands, section 4 Inclosed Lands Protection Act 1901 – domestic violence offences – apprehended violence order (AVO) – matter dismissed
Murder – section 18 Crimes Act 1900 – accessory after the fact – section 347 Crimes Act 1900 – duress – domestic violence, battered woman syndrome – not guilty
Assault police officer in execution of duty – Section 60 Crimes Act 1900 – alcohol – aggressive behaviour – good behaviour bond – Section 9 Crimes (Sentencing Procedure) Act 1999
Offensive behaviour within hearing from a public place/school,Section 4 Summary Offences Act 1988 – affray – Section 93C Crimes Act 1900 – pub brawl – violent offence – no conviction – section 10 Crimes (Sentencing Procedure) Act 1999
Murder – section 18 Crimes Act 1900 – trial by jury – Supreme Court trial – joint criminal enterprise – verdict of not guilty
Murder conviction – appeal – section 5 Criminal Appeal Act 1912 – Court of Criminal Appeal – re-trial ordered
Robbery with an offensive weapon –section 98 Crimes Act 1900 – plea of guilty – suspended sentence imposed by District Court
Breach AVO – section 14 Crimes (Domestic and Personal Violence) Act 2007 – assault occasioning actual bodily harm – section 59 Crimes Act 1900 – application for bail – bail granted
Robbery in company – section 97 Crimes Act 1900 – plea negotiations – assault occasioning actual bodily harm – section 59 Crimes Act 1900 – steal from person – charges reduced – plea of guilty to lesser charges
Assault occasioning actual bodily harm – section 59 Crimes Act 1900 – common assault – section 61 Crimes Act 1900 – plea of guilty – provocation – no conviction recorded – charges dismissed – section 10 Crimes (Sentencing Procedure) Act
Common assault of a minor – assault juvenile – role of provocation in sentencing – section 10 Crimes (Sentencing Procedure) Act
Common assault (domestic violence), Section 61 Crimes Act 1900 – contravene AVO, Section 14 Crimes (Domestic and Personal Violence) Act 2007 – charges withdrawn – defendant discharged
Assault police – section 60 Crimes Act 1900 – resist officer in execution of duty – section 546C Crimes Act 1900 – section 32 Mental Health (Forensic Provisions) Act 1990 – dismissal of charges
Assault police – section 60 Crimes Act 1900 – contravene AVO – section 14 Crimes (Domestic and Personal Violence) Act 2007 – plea of not guilty
Aggravated assault – pleas of not guilty – charges dismissed
Police v SKB assault / affray / intimidation charges
Assault – section 61 Crimes Act 1900 – armed with intent to commit serious indictable offence – section 114 Crimes Act 1900 – affray – section 93C Crimes Act 1900 – intimidation – section 13 Crimes (Domestic and Personal Violence) Act 2007 – pleas of not guilty – acquitted of all charges
HD v AA Stalking and intimidation
Section 13 Crimes (Domestic and Personal Violence) Act 2007 – Not consent to an AVO application – defended AVO hearing – AVO application dismissed
Police v HF Stalking and intimidation
Section 13 Crimes (Domestic and Personal Violence) Act 2007 – plea of not guilty – summary hearing – charges dismissed
Stalking and intimidation – section 13 Crimes (Domestic and Personal Violence) Act 2007 – plea of not guilty – charge dismissed
Affray – section 93C Crimes Act 1900 – plea of not guilty – charge dismissed
Common Assault – section 61 Crimes Act 1900 – plea of not guilty – findings of fact by Magistrate – section 10 Crimes (Sentencing Procedure) Act 1999
Contravening AVO – section 14 Crimes (Domestic and Personal Violence) Act 2007 – assault occasioning actual bodily harm – section 59 Crimes Act 1900 – plea of not guilty
Common Assault – section 61 Crimes Act 1900 – plea of not guilty – charges withdrawn
Common Assault – section 61 Crimes Act 1900 – plea of not guilty – acquitted
Assault – plea of guilty – section 10 Crimes (Sentencing Procedure) Act 1999 – 12 month good behaviour bond – apprehended violence order on mandatory terms
Common assault – section 61 Crimes Act 1900 – affray – section 93C Crimes Act 1900 – resist officer in execution of duty – section 546C Crimes Act 1900 – self-defence
Common assault – section 61 Crimes Act 1900 – section 10 Crimes (Sentencing Procedure) Act 1999 – good behaviour bond
Common assault – section 10 Crimes (Sentencing Procedure) Act – good behaviour bond
Apprehended violence order – contravene prohibition/restriction in AVO, Crimes (Domestic and Personal Violence) Act 2007 Section 14(1) – abusive Facebook message – charges withdrawn – case dismissed
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
