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.

Common Assault on Ex-partner, CCO Imposed

LA was charged with three sets of assault offences. The first set proceeded to Hearing but was dismissed when the complainant admitted she lied to police. In relation to the second set of offences, the charges were withdrawn based on unreliable evidence from the complainant following her admission on the first set of allegations.

On the last set of offences, LA was charged with ‘Common Assault’, two counts of ‘Assault Occasioning Actual Bodily Harm’ and three counts of ‘failure to appear’. After sending Written Representations to Withdraw Charges, the prosecution withdrew the AOABH charges.

LA pleaded guilty to ‘Common assault’, contrary to section 61 Crimes Act 1900, and three counts of ‘failure to appear’, contrary to section 79(1) Bail Act 2013.

In relation to the common assault offence, Her Honour imposed a Community Corrections Order pursuant to section 8 Crimes (Sentencing Procedure) Act 1999 for 6 months. In relation to the failure to appear offences, Her Honour convicted LA with no other penalty, pursuant to section 10A Crimes (Sentencing Procedure) Act 1999.

This is an outstanding result for LA.

Charges Dismissed Under Section 32 ‘Mental Health (Forensic Provisions) Act

JS was charged with ‘Stalk or intimidate intending to cause fear of physical or mental harm’ contrary to section 13(1) Crimes (Domestic and Personal Violence) Act 2007 and ‘Common Assault’ contrary to the Crimes Act 1900.

JS had unfortunately been attacked less than one month prior to his offence, triggering the exacerbation of his existing severe multiple mental health conditions.

James Castillo represented JS at the Downing Centre Local Court, making an application under section 32 Mental Health (Forensic Provisions) Act. James Castillo tendered materials from JS’ psychiatrist and occupational therapist, and made oral submissions on his behalf.   

His Honour accepted the application made by James Castillo, exercising his discretion under section 32(3) Mental Health (Forensic Provisions) Act. Ultimately, His Honour dismissed both on the condition that JS comply with the treatment plan proposed by his psychiatrist.

This was a great result for JS as both charges were dismissed and he was able to continue his psychiatric treatment.

Charge of common assault, no criminal conviction recorded

R v EH

EH was charged with one count of ‘common assault’, contrary to the Crimes Act 1900. A charge of common assault carries a maximum term of imprisonment of two years. Christopher Cole represented EH and a plea of guilty was entered at the Burwood Local Court.

The presiding magistrate accepted representations made on behalf of EH and sentenced her pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1995. No conviction was recorded and instead EH was placed on a Conditional Release Order to be of good behaviour for 18 months. This was a fantastic result for EH as she was able to maintain a clear criminal record.

Charged with 'assault occasion actual bodily harm' and 'common assault' on a mother and daughter in the local park, with a third eye witness giving evidence, pleads not guilty

TP, a 42 year old male, was charged with assault occasion actual bodily harm / alternately common assault for allegedly punching a woman in the chest, following which she alleged a breast implant was ruptured. TP was further charged for allegedly dragging the daughter of the woman along a park bench, so that her earring was ripped from her ear. A third person known to the complainants gave supporting evidence. TP pleaded not guilty.

Andrew Wright represented TP. He successfully persuaded the Magistrate that the prosecution case lacked corroboration, contained gaps, and was inconsistent. A defence case was called relying on evidence from TP’s wife. In the result, all charges were dismissed, and TP was found not guilty.