Keywords: Common Assault, s 61 Crimes Act 1900, Community Correction Order, Crimes (Sentencing Procedure) Act 1999 Section 9(1)(b)
GL was charged with common assault when she slapped her husband in an argument. GL’s husband was supportive of his wife and took responsibility for his role in the argument at the sentence hearing. GL had no prior record and was heavily involved in community work.
The Court took into account the mitigating factors regarding the circumstances of the offending in GL’s case. Despite the charge arising in a domestic violence setting, the Court accepted that this was appropriate to exercise its discretion not to record a conviction. GL was sentenced to a Community Release Order without conviction for a period of 12 months.