July 15, 2019

TJ – Client receives no conviction for assault/domestic violence charge

Facts: Common assault occasioning actual bodily harm and domestic violence

TJ and his wife went out for a night in the city and were drinking at a pub located on George Street, Sydney.

During the night, they became involved in a verbal argument. The couple returned home in the early hours of the morning where the verbal argument continued. In an attempt to get away from the argument, TJ went out the front of his house and entered the driver’s seat of his vehicle to drive away. His wife followed him out and entered the rear passenger seat of the vehicle, where the verbal argument continued. The argument escalated until TJ reached around with his right hand and allegedly struck his wife once on the left side of her face.

After the situation calmed down, TJ’s wife called the police who arrived to the scene. Upon speaking to both parties, the police arrested TJ for assault occasioning actual bodily harm, and he was taken to Auburn Police Station.

Outcome: Early guilty plea leads to Community release order without conviction

O’Brien Criminal and Civil Solicitors successfully represented TJ, who entered a plea of guilty to common assault at Burwood Local Court. The more serious charge of assault occasioning actual body harm was withdrawn.

His Honour took into account a number of considerations when determining the appropriate penalty for TJ. These included:

  • the offence being less serious due to the circumstances surrounding TJ,
  • early guilty plea,
  • being a person of prior good character,
  • and having no previous convictions.

His Honour accepted it was appropriate to sentence TJ to a Community Release Order (without conviction) for a period of 24 months.

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.