DS and his friend were in a Taxi going home from Pyrmont. The Taxi driver thought that the two passengers might flee without paying so he locked the doors.
When they arrived at their destination, the passengers realised that the doors were locked and panicked. There was an argument between DS and the Taxi driver with DS asking the driver to open the door but the driver replying that he wouldn’t until they paid. This eventually resulted in DS punching the Taxi driver before he finally let them out.
Charged with common assault
DS was charged with and pleaded guilty to common assault. Our expert criminal defence lawyer assisted him in his sentencing hearing at Downing Centre Local Court in Sydney’s CBD. This included obtaining a pre-sentence report by Community Corrections. The report outlined that DS’s irrational behaviour was in part attributed to his level of intoxication at the time and the fact that he felt trapped in the taxi and panicked.
Strong sentencing submissions by the defence
The defence emphasised our client’s remorse for his behaviour and his empathy for the victim.
We submitted that his actions were out of character which was supported by his lack of prior criminal history.
After considering the report and the defence’s strong submissions, the Magistrate agreed to deal with the matter by way of a good behaviour bond.
If you have been charged with common assault, speak to one of our expert criminal defence lawyers today. Call O’Brien Criminal & Civil Solicitors on (02) 9261 4281.