Our client, we’ll call him Larry*, was a university student charged with assault occasioning actual bodily harm (ABH). With our criminal defence, Larry avoided a conviction despite having a prior offence on his record. Our criminal lawyers at O’Brien Criminal & Civil Solicitors successfully negotiated the withdrawal of a second charge and secured a Conditional Release Order (CRO) without conviction.
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Assault occasioning actual bodily harm (ABH) charges NSW
Larry faced these exact charges in NSW:
- Sequence 1: Common assault
- Sequence 2: Assault occasioning actual bodily harm
Our client was charged with assault occasioning actual bodily harm after a night of drinking led to a physical altercation. While intoxicated, he pushed a fellow partygoer, causing injuries that required hospital treatment. Initially charged with both common assault and assault occasioning actual bodily harm, the common assault charge was withdrawn after our legal team’s representations.
Larry later pleaded guilty to the more serious charge and received a non-conviction Conditional Release Order.
Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. In some cases, we can set up a free appointment with the civil lawyers in our Sydney office.
How do you get charged with assault occasioning actual bodily harm (ABH)?
Larry had been socialising with friends at a local pub before continuing the night at a private residence. The group, including the complainant, engaged in further drinking, and Larry became heavily intoxicated. During the evening, it was alleged that he threw an object at another person.
Later, Larry was unsteady and visibly affected by alcohol. He was accused of pushing the complainant, causing them to fall to the ground. As a result, Larry was charged with assault occasioning actual bodily harm (ABH) and common assault.
O’Brien Criminal & Civil Solicitors, along with a barrister, made strategic representations to police, highlighting issues with the common assault charge. The prosecution ultimately agreed to withdraw that charge. Larry then entered a guilty plea to assault occasioning actual bodily harm (ABH), accepting responsibility for the push while intoxicated.
Our legal team successfully persuaded the court to impose a short Conditional Release Order, without a conviction being recorded. This was a significant outcome, especially considering Larry’s prior court history.
Outcome of the case
Larry was sentenced to a short Conditional Release Order without conviction for the charge of assault occasioning actual bodily harm. The common assault charge was withdrawn following legal submissions.
Need a criminal lawyer for assault occasioning actual bodily harm in NSW?
If you’ve been charged with assault occasioning actual bodily harm or common assault, it’s essential to seek experienced legal advice. O’Brien Criminal & Civil Solicitors are here to help you secure the best possible outcome.
Contact us today for a confidential consultation and take the first step towards resolution.
📞 Call (02) 9261 4281
💬 Or enquire online for a confidential consultation.
*We always change details in our case studies to protect client confidentiality.
