Our client faced two charges of common assault arising from incidents involving his former partner, with whom he shared a young child. He accepted responsibility for his conduct, but disputed the prosecution’s account of how each incident had unfolded.
Through plea negotiations, we had the facts amended to reflect what actually happened, and our client was sentenced to a short good behaviour bond rather than any period of imprisonment.
The background
Our client and the complainant had previously been in a relationship, during which they had a child together. They separated shortly after the child was born.
The first incident occurred when our client arrived at the complainant’s home, wanting to see the baby. The complainant let him in but while he was holding the child, an argument broke out. There was some verbal abuse and assault.
The second incident occurred the following day when the complainant was walking the baby through the neighbourhood in a pram. Spotting his child, our client pulled up alongside her in a car and asked to take the baby. When she refused, he tried to grapple with her.
The Criminal Charges: Common Assault
Our client was charged with two counts of common assault under section 61 of the Crimes Act 1900 (NSW), one for each incident.
As the alleged conduct occurred between former partners, both charges carried a domestic violence designation, which has real consequences at sentencing and for any related orders.
Read our fact sheet on being charged with assault in a domestic setting.
Our Approach To Defending Common Assault Charges
Our client’s instructions were clear: he accepted that each assault had occurred, but the police facts overstated the seriousness and misdescribed the context of both incidents. Where a client admits the conduct but disputes the surrounding detail, the facts a court sentences on can make the difference between a conviction with lasting consequences and a measured, non-custodial outcome.
Rather than contest the charges at a hearing, we pursued plea negotiations with the prosecution. We identified the specific particulars our client disputed and put a corrected version of events to the police. The prosecution agreed to amend the particulars on sentence so that the facts before the court more accurately reflected what had actually taken place.
The Outcome
The court accepted the amended facts and our submissions. Our client was sentenced to a short good behaviour bond.
The result kept our client out of custody and confined the matter to the conduct he genuinely accepted, not the more serious version the original police facts had put forward.
Need a lawyer For Common Assault Charges?
If you have been charged with assault in a domestic setting, the facts the prosecution relies on are not necessarily the facts a court has to sentence you on. Getting legal advice early, before you are locked into a version of events, gives you the best chance of having the facts corrected and the penalty reduced.
Call us on (02) 9261 4281 to arrange a free, no-obligation appointment with our experienced Sydney criminal lawyers.
