Successful Negotiation, Client escaped Imprisonment Sentence

OZ was charged with two counts of ‘Assault occasioning actual bodily harm’, contrary to section 59(1) of the Crimes Act 1900. Such offence carries a maximum penalty of 5 years imprisonment. OZ instructed Chris Cole to enter a guilty plea on one of the counts of Assault occasioning actual bodily harm and negotiate to reduce the charge of the other count.

Chris entered negotiations with the prosecution and successfully managed to reduce the offence of ‘Assault occasioning actual bodily harm’ to ‘Common Assault’ which only carries a maximum penalty of 2 years imprisonment. OZ then entered a guilty plea to the amended charge of Common Assault. The Facts were also varied to reflect the new charge.
OZ’s matter then proceeded to Sentence. Chris made submissions that imprisonment was not the appropriate penalty for OZ’s offences. The Sentencing Magistrate agreed and placed OZ on a Community Corrections Order for a period of 18 months with an additional condition that OZ complete the EQUIPS Domestic Violence Program.

This is an outstanding result for OZ, considering the objective seriousness of the offences.