Case Study: Common Assault Charges Dismissed

Posted by janelle.tarabay on 11 February 2017

Streeton Lawyers yesterday represented a 53 year old father of two facing two common assault charges. Common assault carries a maximum penalty of 2 years imprisonment.

After initially pleading not-guilty, solicitor Mikaela Eldridge was able to negotiate a more accurate Police Facts Sheet and obtained concessions from the police. Our client then entered pleas of guilty.

On his sentence, we requested various documents be prepared for our client. This included medical evidence which established he had been seriously injured immediately after the incident. The Local Court was asked to take into account these injuries when deciding how he should be sentenced. Documents from his counsellor were also tendered to the magistrate which showed he had been addressing his behaviour.

Although the offences are serious, because of his individual circumstances presented to the court, the magistrate found our client guilty, but dismissed all charges under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999.

This means there is no criminal conviction recorded and no good behaviour bond. All charges were dismissed.

Both our client and his family were extremely relieved.