Our client, Michael*, was in Sydney for a weekend away when a night out ended in police involvement and two separate assault allegations.

He was first charged with assault occasioning actual bodily harm, a serious offence. Months later, police added a second charge of common assault.

The more serious assault charge was withdrawn and dismissed, and Michael was sentenced without a conviction being recorded.

The background to assault case in Sydney

Michael had travelled to Sydney for the weekend. After checking into their hotel, he spent several hours at a nearby pub in Coogee.*

Late in the night, venue staff refused to serve his friend any more drinks and asked them to leave. A confrontation developed and security became involved.

During that confrontation, Michael took hold of a security guard and pulled him away. He then moved towards the doorway in an effort to calm things down, and the couple left and returned to their hotel.

Later that night, Michael’s wife called police and alleged he had assaulted her at the hotel on several occasions. Police found that both of them had visible facial injuries and were bleeding.

Michael told police straight away that he had not assaulted anyone. He said he woke to being choked and pushed his friend away.

The charges in Coogee 

Michael was first charged with assault occasioning actual bodily harm under section 59 of the Crimes Act 1900 (NSW), based on the allegation at the hotel.

More than six months later, police added a charge of common assault, under section 61 of the same Act. That charge related to the incident with the security guard.

The first charge was the real danger. It is a much more serious offence, and a conviction can follow a person into work, travel and family life.

Defending assault charges

We set two goals from the start. The first was to get the more serious charge out of the case. The second was to make sure the facts left on the table were accurate and fairly drawn.

Our criminal lawyers then opened negotiations with police and initially put forward a self-defence case on the common assault charge. Police rejected it and decided to proceed.

That response shaped the rest of the matter. Michael decided to plead guilty to the common assault, but only if two conditions were met: the assault occasioning actual bodily harm charge had to be withdrawn, and the police facts had to be amended to remove any allegation that he punched security.

Police agreed, and the facts were heavily rewritten. That mattered because a court sentences on the facts it is given. A narrower, accurate set of facts gave us a proper footing to ask for a result without a conviction.

Opening that negotiation early was critical. It gave us a basis to have both the charges and the alleged facts reviewed, rather than simply responding to whatever police put forward.

What is a conditional release order without a conviction?

A conditional release order lets a court release a person on conditions, such as good behaviour for a set period, instead of imposing a harsher penalty. The court can make the order without recording a conviction. For the full picture, read our guide to conditional release orders in NSW.

The outcome: assault charge withdrawn

On the common assault charge, Michael was sentenced to a 12 month conditional release order without a conviction being recorded.

The assault occasioning actual bodily harm charge was withdrawn and dismissed.

A final apprehended domestic violence order was also made for 12 months, with the standard condition only. You can read more about how these orders work in our guide to common assault and ADVO charges in NSW.

For Michael, that meant no conviction and no prison sentence, and the most serious charge was gone. The result came from a negotiated resolution, not a contested hearing, and it was only possible because the facts were reviewed and corrected before the matter reached sentence.

Read our other criminal law case studies.

Need a criminal lawyer?

If you have been charged with assault, you do not have to face it alone. Request a free, no-obligation initial chat via the form below, or call us on (02) 9261 4281.

Learn more about our criminal defence lawyers in Sydney and our domestic violence lawyers. You may also like a related case study, avoiding conviction for assault occasioning actual bodily harm.*We always change the names and other identifiable details in case studies to protect client privacy.

Past results do not guarantee future outcomes. Every case is assessed on its individual merits.

This content is for general information purposes only and does not constitute legal advice. You should seek independent legal advice relevant to your specific circumstances.