Conditional Release Order without conviction pursuant to Section 9 (1) (b) of the Crimes (Sentencing Procedure) Act 1999

At the time of the offence, our client was heavily intoxicated, had been isolating at home and was COVID 19 Positive. Rather than agree to isolate, our client was attempting to leave his home to purchase more alcohol. The complainant was stopping this from happening by physically restraining our client. Subsequently, an argument ensued between the complainant and our client. The complainant then called the NSW Police to complain about our client breaching COVID 19 public health orders.

Later that same day our client tried to get out of the house again but was stopped by the complainant. This time our client slapped the complainant, which caused complainant immediate pain.

Upon the NSW Police arrival, they activated their body worn video and were greeted by the complainant. Understandably, the complainant was visibly upset and immediately gave a version of events that disclosed the assault perpetrated by our client. Police then observed our client, who at the time was swaying whilst walking and slurring his speech. Our client was then cautioned and placed under arrest by the police and charged with assault.

The following day, we conferenced our client at length in relation to the circumstances of the offence and his serious alcohol problem. Our client made full admissions to the offence, instructed us to enter a plea of guilty to the charge and immediately organised to be treated by his general practitioner and an appropriate psychologist.

The team at Jameson Law then obtained evidence from our clients General Practitioner, of which outlined that our client was suffering from depression, possibly triggered due to COVID 19 lockdowns, and had caused our client to fall into alcohol addiction. Fortunately, our client took immediate steps to take up treatment for his depression. Such treatment included being medicated for his depression and alcohol addiction.

On the first occasion the matter was listed in court, a plea of guilty was entered to the charge and the matter proceeded straight to sentence.

On sentence, Nicholas gave persuasive submissions in relation to our client’s prior good character and prospects of rehabilitation.

After considering all the material before the Court, along our client’s excellent prospects of rehabilitation, the Magistrate exercised discretion and imposed a Conditional Release Order without conviction pursuant to Section 9 (1) (b) of the Crimes (Sentencing Procedure) Act 1999.