May 24, 2019

HJ – Client has charges of assault withdrawn and dismissed

Charges, statutes and outcomes

  • 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)

In 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.

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 As a result, the initial charge of choking was withdrawn by the prosecution and our firm negotiated for charge of common assault (DV). This is a less serious Table 2 offence under s 61 of the Crimes Act 1900.

Plea: Guilty

HJ entered a plea of guilty to one count of common assault with the charges of choking and assault occasioning actual bodily harm withdrawn and dismissed. 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 with the aid of O’Brien Criminal & Civil Solicitors.

O’Brien Criminal and Civil Solicitors are experienced 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 you have been charged with an offence and think a similar course of action is appropriate in your situation, call us on (02) 9261 4281 today to discuss your legal options.