HJ – Client has charges of assault withdrawn and dismissed

Charges, statutes and outcomes

  • choking
  • Assault occasioning actual bodily harm
  • Assault
  • ABH
  • Section 59 Crimes Act 1900
  • Common assault
  • Section 61 Crimes Act 1900
  • Table 2 offence
  • Domestic Violence
  • Intensive Corrections Order.

Facts: Choking and assault occasioning actual bodily harm (ABH)

Assault - Criminal Defence SolicitorsIn this case, HJ was originally charged with the offence of choking and assault occasioning actual bodily harm (ABH) of his ex-partner by the police. He contacted our criminal defence lawyers in our Sydney office for help in defending against the prosecution.

O’Brien Criminal & Civil Solicitors issued subpoenas to prove the elements to assist in formulating the defence’s case. As a result, the initial charge of choking was withdrawn by the prosecution. Also, our firm negotiated for a charge of common assault (DV). This is a less serious Table 2 offence under s 61 of the Crimes Act 1900.

Plea: Guilty plea to common assault

HJ entered a plea of guilty to one count of common assault.  The prosecution withdrew the charges of choking and assault occasioning actual bodily harm, and the magistrate dismissed them. The maximum sentence for a common assault offence will attract a penalty of up to two years’ imprisonment and/or a penalty up to $5,500 fine.

Outcome: Intensive Correction Order (ICO)

Ultimately, the Magistrate ordered for HJ to serve his sentence by way of an Intensive Correction Order (ICO) for a period of 9 months to be served within the community. This good outcome came about with the aid of O’Brien Criminal & Civil Solicitors’ criminal defence lawyers.

O’Brien Criminal and Civil Solicitors have experience in defending various types of assault charges, as you can see in the above case study. We have assisted many clients in doing so. If police charged you with an offence and you think a similar course of action is appropriate in your situation, call us on (02) 9261 4281 today to discuss your legal options.


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

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