The Facts behind the Common Assault Charge
Our client, a middle-aged bank worker residing with her partner whom she had been married to for almost a decade. The accused returned home from work after picking up their daughter from day-care. After the victim attended to the child, he entered the kitchen where our client had been cooking, and a verbal argument ensued. The victim then entered the lounge room whilst our client cleaned around the house before it was alleged that she assaulted the victim by slapping him. The police were called to the house where a Domestic Violence Evidence in Chief (DVEC) was obtained from the victim. Our client was cautioned and placed under arrest, charged with the offence of common assault (domestic violence) pursuant to s 61 of the Crimes Act 1900 (NSW).
Our Submissions and the Court
Our firm made representations to Police maintaining that while our client admitted to contacting the victim, it was not in the form of a slap, and that this action, which was demonstrated to Police by our client, was misrepresented in the Police facts. We noted that this was a trivial matter and sought to have charges withdrawn on the basis that our client would consent to an ADVO. We further noted that if this were not accepted, our client would seek to dispute the Police facts in relation to this tapping motion.
Our submissions to Penrith Local Court comprised an early guilty plea, details of relationship issues impacting our client’s mental health, and how those matters contributed to her conduct. We noted that our client and the victim had engaged in marriage counselling with genuine intentions to resolve their issues, and that our client had no prior criminal convictions. On advice, our client completed an anger management program to reduce any risk of further incidents and to support her wellbeing. This was viewed favourably by the court.
Supporting material included an apology letter and character references. For clients in similar situations, we also guide on court preparation and the criminal process in NSW, as well as exercising the right to silence during any Police interaction.
The Outcome
Our legal team sought dismissal of the charge, or in the alternative a discharge without conviction by way of a conditional release order. The court imposed a more favourable outcome. Our client received a s 10 dismissal under the Crimes (Sentencing Procedure) Act 1999. If you need advice on common assault or ADVO matters, see our assault charges and AVO resources, or speak with our team about available defences and bail applications.
Need help now? Call (02) 8806 0866 or contact us via jamesonlaw.com.au/contact.
