Bail Granted for Common Assault
Our solicitor, Nicholas Hardy-Clements, represented a young male at Burwood Local Court, seeking an application for bail, in relation to the following charges:
Common Assault (Domestic Violence Related) pursuant to Section 61 of the Crimes Act 1900.
Stalk or Intimidate Intending to Cause Fear of Physical or Mental Harm (Domestic Violence Offence) as pursuant to Section 13(1) of the Crimes (Domestic and Personal Violence) Act.
The Circumstances of the Offence
Our client and the victim are in a domestic relationship. Our client attended the victim’s residence to spend time with the victim and their young daughter. Approximately two hours after arriving, the victim requested for our client to undertake a drug test, prior to spending time with their daughter in the future. Our client was unhappy with this request, causing a verbal argument, and our client became increasingly frustrated with the victim. Our client reached out and grabbed the victim around the neck with his hand to move the victim out of the way, causing the victim immediate pain around her neck. Our client then left the location. The Police were called to the location where the victim provided a statement, and our client was later found and charged with the matter, and had an Apprehended Domestic Violence Order (ADVO) taken out against him.
Submissions and Outcome Achieved
Mr Hardy made submissions to the Magistrate including tendering character references that highlighted our client’s good character. The victim also requested to revoke the ADVO, claiming that our client was a supportive father who held an active role in caring for their daughter. The Magistrate proceeded by approving the bail application, which is a favourable outcome for our client.
Bail applications require a Magistrate to consider various factors in assessing the appropriateness of release including, the level of risk an individual will likely pose in the community if released, the possibility of re-offending, and the likelihood of being able to abide by the conditions of the bail order.
NSW references and practical guidance
- Bail Act 2013 (NSW), s 18 – factors considered on bail (e.g., risks, history, compliance, community safety).
- ADVO information and conditions: NSW Government guide.
- Local Court process and appearances: user guide.
- General bail help: LawAccess NSW – Bail.
For urgent advice on bail, AVOs or DV-related charges, contact our criminal defence team or call (02) 8806 0866.
