Community Release Order without Conviction for slapping her husband

In a domestic violence case, Gemma* was charged with common assault after slapping her husband in an argument. Gemma had no prior record and was actively involved in community work.

Supporting Evidence:

Gemma’s husband was supportive of his wife and took responsibility for his role in the argument at the sentence hearing.

Mitigating Circumstances:

The Court considered the mitigating factors in Gemma’s case and exercised its discretion not to record a conviction. Despite the charge arising in a domestic violence setting, the Court found it appropriate to impose a sentence of a Community Release Order without conviction for a period of 12 months.


In conclusion, Gemma was able to avoid a conviction and receive a Community Release Order due to the mitigating circumstances in her case.

Need Legal Assistance?

At O’Brien Criminal and Civil Solicitors, we understand that any criminal charges can be stressful and difficult. Our defence lawyers are committed to providing our clients with the highest quality of legal representation.

If you need legal assistance or representation, do not hesitate to contact us. Call us at (02) 9261 4281 to set up a free appointment with our lawyers at our Sydney office.

*Names have been changed for client confidentiality


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

Scroll to Top