May 3, 2019

SA – Successful negotiation for self-defence argument

Keywords: Assault occasioning actual bodily harm, s 59 Crimes Act 1900, Community Correction Order, Crimes (Sentencing Procedure) Act 1999 Section 8

Facts:

SA was charged with one charge of assault occasioning actual bodily harm. The police alleged that SA punched the victim and jumped on his leg causing it to break in two places.

Outcome:

O’Brien Criminal and Civil Solicitors acted for SA. After successful negotiations before the hearing, the police agreed to amend the facts to reflect that SA believed he was acting in self-defence.  SA plead guilty to the assault charge on the basis that he struck the victim once after the victim had advanced towards him and that broken leg was caused as a result of the victim stumbling backwards and falling over. The Court ordered that SA serve a sentence of Community Corrections Order for a period of 2 years.