MD is a young man with an already extensive criminal record. On this occasion he was charged with ‘Assault causing actual bodily harm in company’, pursuant to section 59 (2) Crimes Act 1900. The maximum penalty for this offence is 7 years imprisonment. At the time of arrest MD was on remand for an unrelated offence to be Listed later this year. During this time period he had also received two terms of full-time imprisonment for ‘Shoplifting’ and ‘Larceny’.
The assault offence was deemed somewhere on the scale between the low to middle range of objective seriousness.
Chris Cole represented MD at Central Local Court where he tendered materials and made submissions on MD’s behalf. The matter was Listed for Sentence where Her Honour Sentenced MD to a term of imprisonment of 15 months, comprising a non-parole period of 8 months, backdated to time already spent in custody.
With the view of the nature of the offence and the maximum penalty that could have been imposed, this is a very pleasing result for MD.