Our Solicitor, Nicholas Hardy, represented a man at Parramatta Local Court in relation to a common assault (domestic violence) charge.
Charge:
Common assault (domestic violence) pursuant to section 61 of the Crimes Act 1900 (NSW).
At the time of the offence, our client was heavily intoxicated, isolating at home and COVID-19 positive. He attempted to leave home to purchase alcohol. The complainant physically restrained him and an argument followed. Later that day, when he tried to leave again, he slapped the complainant, causing immediate pain. Police attended, recorded body-worn video, cautioned and arrested our client.
The following day, we conferred with our client about the circumstances and his alcohol problem. He made full admissions, instructed a plea of guilty and immediately engaged his GP and a psychologist for treatment. We obtained medical material confirming depression likely linked to lockdowns and steps taken for treatment, alongside strong character references and completion of a traffic offender style program relevant to insight and rehabilitation. See our pages on domestic violence offences in NSW and sentencing advocacy.
On the first court date a plea of guilty was entered and the matter proceeded to sentence. Nicholas made submissions about prior good character, early plea, remorse, rehabilitation prospects and the structured treatment plan.
Result:
The Magistrate accepted our client’s excellent prospects of rehabilitation and imposed a Conditional Release Order without conviction under s 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999.
If you are facing an assault or DV charge, contact Jameson Law or call (02) 8806 0866 for confidential advice. For police interview guidance, see your right to remain silent in NSW.
