July 29, 2019

CS – No conviction for client in domestic violence matter

Facts: reckless grievous bodily harm and domestic violence

CS had been in a de-facto relationship with her partner for the past 15 years. CS visited her partner’s home to discuss finances and pets. CS remained at the premises overnight.

The following day, an argument ensued between CS and her partner. Both had been drinking alcohol and were well intoxicated. During the argument, CS struck her ex-partner.

Later, police arrived at the scene and arrested and cautioned CS, before taking her to Granville Police Station. CS participated in an electronically recorded interview where she made allegations in relation to a sexual assault perpetuated against her by the partner that day. She faced reckless grievous bodily harm and domestic violence charges (section 35(2) Crimes Act 1900).

Outcome: Conditional release order without conviction at Parramatta Local Court

O’Brien Criminal and Civil Solicitors successfully acted for CS in the Local Court. We tended material on behalf of CS including her letter to the Court. We also made submissions asking the Court exercise its discretion not to record a conviction against CS for domestic violence. After considering that material, the Court agreed to a conditional release order (without conviction) for a period of 18 months (section 10(1)(a) Crimes (Sentencing Procedure) Act 1999).