Our client, Zoe* was charged with assault occasioning actual bodily harm after an argument with her partner. Despite admissions she had made to police at the time, the matter was ultimately resolved without a conviction being recorded.
Even where admissions have already been made, how a charge is framed and negotiated can significantly change the outcome.
The background
Zoe and her partner were involved in an argument that became physical. It was alleged that Zoe threw an item during the argument, striking her partner and causing a visible mark. Zoe made admissions to police under caution at the time, including that she had thrown the item.
Zoe was initially charged with the more serious offence of assault occasioning actual bodily harm.
Assault charges NSW
Zoe was charged with assault occasioning actual bodily harm, a domestic violence offence under section 59 of the Crimes Act 1900 (NSW), and common assault, a domestic violence offence under section 61 of the same Act.
Given Zoe’s admissions to police, the case turned less on whether an incident had occurred and more on how it should properly be characterised in law.
Defending criminal charges
Our criminal defence team identified issues with the original charge and the strength of the evidence supporting it, despite Zoe’s admissions. Central to our approach was the distinction between conduct that is reckless and conduct that is intentional. This was an important legal distinction that affects how an incident like this should be charged.
We entered negotiations with police, drafting representations that addressed the admissions Zoe had made while arguing that her actions were reckless rather than intentional. Those representations proposed resolving the matter to the lesser charge of common assault rather than proceeding on the more serious actual bodily harm charge.
Police accepted the representations and agreed to withdraw the assault occasioning actual bodily harm charge.
What is a section 10 dismissal?
A section 10(1)(a) dismissal allows a court to find an offence proven but discharge the person without recording any conviction and without imposing any further penalty. Our fact sheet on section 10 non-conviction orders in NSW explains how these orders work.
The outcome
Zoe was sentenced to a section 10(1)(a) dismissal, meaning the charge was dismissed without a conviction being recorded.
Given the admissions Zoe had made to police, this was the best possible outcome available in the circumstances, similar to what we achieved for another client sentenced for a domestic violence assault charge. It shows how carefully identifying the right legal characterisation of an incident, rather than simply accepting the charge as laid, can materially change the result.
Read more of our criminal law case studies.
Facing a domestic violence charge?
Even where admissions have been made, the way a charge is framed in law can make a significant difference to the outcome.
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*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.
