Our client, Daniel*, had never been in trouble with the law. He has lived with diagnosed neurodevelopmental conditions since childhood, the kind of long-documented history that shapes how a person reacts under pressure.

One day in April 2025*, a family member came to stay with Daniel. What should have been a pleasant few days ended in a physical altercation that neither one expected. In the end, both were charged with common assault as a result.

Daniel called the police himself once the argument was over. That single decision said a lot about how the matter was eventually resolved, and it is where this case study begins.

Family argument turns into assault in Sydney

The trouble started as an argument that escalated quickly. During the disagreement, Daniel pushed his family member. In response, he pushed Daniel. 

Daniel tried to leave the unit to de-escalate the situation. His family member grabbed him before he could go, and the pair fell to the ground and wrestled. Daniel was placed in a chokehold. 

The physical altercation continued. His family member deflected it with his arms, sustaining some pain but no serious injury. Daniel then left the uni and called the police. 

The Common Assault Charge

Both men were charged with common assault under section 61 of the Crimes Act 1900 (NSW), with a domestic violence flag applied because the parties were family members living under the same roof at the time. An Apprehended Domestic Violence Order (AVO) was also put in place.

Importantly, common assault does not require any injury to be proven. It covers conduct that puts another person in fear of immediate violence, or actual physical contact, however minor. That breadth is exactly why context and history matter so much at sentencing, which is how this case was decided. 

Defending common assault: Sydney lawyers

Because of Daniel’s long-standing neurodevelopmental diagnoses, the matter was initially listed for a section 14 application under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), a pathway that can divert a person with a qualifying condition away from the ordinary sentencing process entirely.

That application did not proceed to a diversion. Instead, our lawyers shifted focus to sentencing, entering a plea of guilty and building submissions. Those submissions placed Daniel’s diagnoses, his lack of any prior record, and the mutual, chaotic nature of the altercation squarely in front of the sentencing magistrate.

Our criminal solicitors also drew on how the same magistrate had already dealt with Daniel’s family member in a separate hearing, without conviction, on a good behaviour bond. That parity argument, combined with the cognitive impairment evidence, gave the magistrate a clear basis to consider the least restrictive order available.

What Is a Conditional Release Order?

A Conditional Release Order (CRO) lets a court deal with an offence without recording a conviction, provided the person meets any conditions set for a fixed period. It sits among the range of non-conviction options available under NSW sentencing law for less serious matters.

The Outcome

The magistrate indicated that a Conditional Release Order, without conviction, would be less onerous on Daniel than an alternative that would have required release under a responsible person and a strict rehabilitation plan.

Daniel received a Conditional Release Order for 12 months, without a conviction being recorded. Condition 1 of the AVO remained in place for a further 12 months, and no further penalty was imposed.

For Daniel, the result meant no criminal record, no additional supervision requirements beyond the AVO condition already in place, and the ability to move forward from a single, out-of-character family dispute.

BOCSAR figures show family violence assaults recorded by NSW Police rose 7.3 percent in the two years to March 2025, faster than the rise in intimate partner assaults over the same period. Matters like Daniel’s, arising between family members rather than partners, are a meaningful part of that trend.

Need a Domestic Violence or Common Assault Lawyer?

If you have been charged with common assault or another domestic violence related offence, the outcome can depend heavily on how your personal circumstances, including any relevant diagnosis or medical history, are put in front of the court. 

Request a free, no-obligation initial chat via the form below, or call us on (02) 9261 4281.

Our Sydney domestic violence lawyers regularly appear in matters involving family and domestic disputes, and we know how to prepare the evidence a court needs to see.

*We always change the names and other identifiable details in case studies to protect client privacy.

Read more of our criminal law case studies. 

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