The charge of assault occasioning actual bodily harm is a serious one, carrying a maximum penalty of 5 years imprisonment and falling into the category of a ‘serious indictable offence’. It goes without saying that a conviction for an offence of this carries far reaching consequences, including employment and travel.

Ordinarily people who are charged with an offence of assault occasioning actual bodily harm are convicted (even if they plead guilty). However, recently, Adam Faro was able to successfully avoid a conviction for a client whom was facing an immediate loss of his career if he was convicted.

Adam strategically managed the matter from the beginning. After lengthy and very complex negotiations, Adam was able to persuade the prosecution to make significant amendments to the facts that made clear a level of provocation on behalf of the victim in the matter. This put into perspective the circumstances of the assault.

Combining the amendments to the facts with comprehensive evidence as to the effect of a conviction, a strong argument was mounted on sentence as to the unique nature of the case and the need to avoid a conviction.

In the end, even though our client had a prior record for assaults when he was young, the Magistrate agreed that a comprehensive set of submissions, reasons and evidence had been offered in order to justify avoiding the usual outcome of a conviction. Thankfully, our client was sentenced without conviction for the charge of assault occasioning actual bodily harm and was able to avoid the loss of his career.