The Queen v JB
JB was charged with one count of 'assault occasioning actual bodily harm' contrary to the Crimes Act 1900.
The facts in this matter involved JB, who was the primary carer for his elderly father and his wife, involving himself in an argument with a family member over the future care requirements for their respective parents.
The argument stemmed from a number of complex familial tensions and both parties were equally aggressive towards each other. Police were called by neighbours who witnessed the two men fighting on the front lawn. JB told police he had 'pushed' the victim and he was subsequently arrested and charged with assault.
Bill O'Brien represented JB, and strategically entered an early plea of guilty to the lesser charge of assault, so as to secure a more reasonable sentence.
His matter came before the Manly Local Court, and the presiding magistrate accepted submissions as to JB's good character, the absence of a prior criminal record, and the subjective circumstances that led to the altercation.
JB was sentenced pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act, and was placed on a Good Behaviour bond for the duration of 6 months, as opposed to receiving a criminal record. He was also issued an AVO against the victim.
This was a good result as JB was able to maintain a clear criminal record, without the stress of going to a trial.