domestic violence matter resolved with a section 10 CRO without conviction
This case study shows how our Sydney criminal defence team prepared targeted submissions around rehabilitation, treatment, and family supports to achieve a Conditional Release Order (CRO) outcome without a conviction being recorded, alongside a negotiated variation to the AVO that allowed reunification with the family where appropriate safeguards were in place.
For context on the underlying offences, see our guides to assault occasioning actual bodily harm (AOABH) and assault charges in Sydney, and the official statute for AOABH at Crimes Act 1900 (NSW) s 59. For mental health diversion, refer to our case summary and the statute s 14 MHCIFPA 2020 (NSW).
original client narrative
Section 10 Conditional Release Order without conviction for serious domestic violence offence
Our client is a 41-year-old male who was charged with one count of ‘assault occasioning actual bodily harm’ against his wife, one count of ‘assault occasioning actual bodily harm’ against his 13-year-old daughter and one charge of ‘common assault’ against his 9-year-old son. The assault against the mother consisted of four punches to the face that happened in the presence of both children and was recorded by the son on his mobile phone. The client was intoxicated at the time of the alleged offences. The son provided the Police with the recording at the time of the client’s arrest. The client was served with an AVO that prevented him from contacting his family or returning home. The client contacted our office seeking advice on how to turn his life around. Nora Sayed of our office firmly believes that no person should be judged based on their single lowest moment and immediately began preparations to have the client get the help he needs.
Ms Sayed assessed the mini brief of evidence and engaged in negotiations with Police to have the charges relating to the children withdrawn based on lack of evidence. The negotiations were successful, and the client pleaded guilty to a single charge of ‘assault occasioning actual bodily harm’ against his wife, with the remaining two charges being withdrawn by the Police.
Under the direction of Ms Sayed, the client was assessed by a psychologist, began engagement in alcohol rehabilitation and Relationships Australia, and completed 9 sessions of a Men’s Behavioural Change Program. Ms Sayed presented this evidence to the Court and made submissions seeking to have the client diverted pursuant to s14 of the Mental Health Act. The Court rejected the application, finding that it was more appropriate to deal with the matter under general law. Ms Sayed addressed the Court further and the client was ultimately sentenced to a Conditional Release Order (‘CRO’) without a conviction being recorded for a period of 24 months. Ms Sayed also negotiated with the Prosecution to amend the AVO so the client could once again talk to and live with his family. Ms Sayed helped the client get the support he needed, and gave him a second chance to reunite with his family, free from the burden of a criminal conviction.
how our sydney lawyers framed rehabilitation and risk
The strategy focused on immediate treatment and verified supports: a psychological assessment, alcohol rehabilitation, and a Men’s Behaviour Change Program. Evidence of program attendance, relapse-prevention planning, and family safety measures supported the argument for a non-conviction CRO under section 9. For a plain-language CRO overview, see the Judicial Commission’s bench book entry on Conditional Release Orders.
Where mental health features are present, defence may consider diversion under s 14 MHCIFPA 2020. Diversion is discretionary and depends on treatment suitability and risk. When diversion is refused, tailored sentencing submissions can still achieve a supervised, treatment-linked community outcome. See our related case materials on section 10 CRO without conviction.
Useful official resources: NSW Police on AVOs, NSW Communities and Justice AVO guidance, and NSW Health alcohol and other drugs services.
speak with a sydney criminal lawyer
If you or a family member faces AOABH, common assault, or AVO issues linked to domestic violence allegations, call our Sydney criminal law team on (02) 8806 0866. Early advice and structured rehabilitation can be decisive.
