January 1, 2020

MM – Successful outcome for client charged with assault occasioning bodily harm

Facts: assault occasioning bodily harm after victim harasses mother in law

MM was unhappy with the complainant as he was constantly ringing and approaching MM’s mother-in-law. MM saw the complainant in the driveway of their unit and told him to leave the unit complex before MM returned from the shops.

When MM returned, the complainant was still there, and MM approached him. The complainant placed his belonging on the ground, provoked MM to engage in a physical altercation and punched him. MM then retaliated and punched the complainant. A scuffle ensued for a short while, before they eventually separated. MM was charged with assault occasioning bodily harm.

Outcome:

O’Brien Criminal and Civil Solicitors successfully represented MM at Mount Druitt Local Court.

As instructed by MM, we entered a guilty plea and tendered negotiated facts. We successfully outlined the existence of extenuating circumstances and convinced his Honour that the matter could be finalised without a conviction. MM received a bond under s 10(1)(B) of the Crimes (Sentencing Procedures) Act (NSW) for a period of 12 months. As this period coincided with reforms, MM’s s 10 bond converted to a Conditional Release Order.

Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office, 24 hour phone / text: 0421 373 961