GD and the victim were previously in a domestic relationship but separated approximately 6 months before the incident in question. On the day of the incident GD and the victim spent the day together at Thirroul beach, north of Wollongong, with no issues. However, when they left the beach they became involved in a verbal argument. This continued during the course of GD driving the victim home. It was the police’s case that, GD began to get extremely abusive and aggressive towards the victim. At one point in their joruney, he slapped her in the face.
Client charged with common assault
The victim contacted the local police when she arrived home. The police attended GD’s home to arrest him, however he was not home. Police then contacted GD and requested he attend Macquarie Fields Police Station which he agreed to do. When he attended the police station the police arrested him and charged him with common assault.
O’Brien Criminal & Civil Solicitors criminal defence team presented a strong defence for GD during his sentencing hearing. References from the victim showed that she didn’t intend for the matter to escalate this far, and that GD had never been an aggressive person prior to the incident.
Charges dismissed without conviction
GD worked as a teacher’s aid and a conviction would significantly affect his continued employment and his prospects of becoming a teacher. He pleaded guilty at earliest opportunity, cooperated with the police and had no criminal history.
The Magistrate took into consideration the strong submissions made by the defence lawyers and dismissed the charges without conviction, a section 10. This was on the condition that GD enter into a good behaviour bond.
If police charge you with common assault contact O’Brien Criminal & Civil Solicitors to get expert legal advice. Call us on (o2) 9261 4281 for a free initial consultation.