July 29, 2019

JSM – Student receives no conviction for assault charge

Facts: Assault occasioning actual bodily harm and apprehended or personal violence order

JSM, a private high school student, pushed another student on the chest with two open palms, causing them to step back. It was alleged JSM then punched the student with a clenched fist to his face repeatedly. Sometime after being punched, the other student grabbed onto JSM’s torso and made him fall to his knees. JSM then walked away.

The incident was video recorded by another student giving the impression that this attack was premeditated. JSM would later report he was the recipient of physical pushing and name calling, of a sexual and racial nature. This was done by the other student the day before the offence, and again just prior to the offence occurring.

The other student was sent to the hospital where a cat scan revealed a slight fracture to the right side of his check. After some days, JSM attended Randwick Police Station with both of his parents to speak to police about the allegation. JSM made full admissions to the offence at this time.

JSM was charged with assault occasioning actual bodily harm (AOABH) under s 59(1) Crimes Act 1900. Police applied for a Personal Violence Order to protect the other student from any further violence.

Outcome: Good behaviour bond without conviction after guilty plea

O’Brien Criminal and Civil Solicitors successfully represented JSM at Surry Hills Children’s Court. A plea of guilty had already been entered on the behalf of JSM to the charge of AOABH and the matter was listed for sentence.

We tendered JSM’s letter and his mother’s letter to the Children’s Court. After considering this material and our submissions, Her Honour agreed that the matter could be dealt with by way of good behaviour bond without conviction for a period of six months. The apprehended violence order application against JSM was withdrawn.

s 33(1)(b), Children (Criminal Proceedings) Act 1987

O’Brien Criminal and Civil Solicitors are experienced in defending various types of assault charges. We have assisted many clients in doing so. If you are a victim of, or have been charged with an assault offence, call us on (02) 9261 4281 or email us at  today to discuss your legal options.