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Stalk & Intimidate & Assault Occasioning Actual Bodily Harm

Stalk and Intimidate Causing

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Successful Outcome for Stalk and Intimidate and Assault Occasioning Actual Bodily Harm

Our solicitor, Nicholas Hardy-Clements, represented a 37-year-old male at Hornsby Local Court in relation to the following charges:

1. Stalk and intimidate intending to cause fear of physical or mental harm (domestic violence related) section 13(1) of Crimes (Domestic & Personal) Violence Act 2007.

2. Assault occasioning actual bodily harm pursuant to section 59(1) of Crimes Act 1900.

Our client and the Victim are married, and at the time of the offences were residing with the Victim’s parents.

In relation to the circumstances regarding Sequence 1 listed above, our client and the Victim, became involved in a verbal argument, after the Victim’s father told her that our client was organising a surprise birthday party for her. He made death threats to the Victim and her parents, as he had done on numerous other occasions prior to this incident. Shortly after, our client left the residence to make his way to the hospital as he was experiencing pain from kidney stones. The Victim found our client walking North on Manor Rd, Hornsby.

In relation to the circumstances regarding Sequence 2 listed above, the Victim stopped the car beside our client, but he refused to enter the vehicle. He began yelling at her from the street for a period of time. He then approached the vehicle and opened the driver’s side door. The Victim was sitting in the driver’s seat and was holding the keys in her left hand tightly against her chest. Our client grabbed the keys from the victim’s hand abruptly, causing a graze on the Victim’s left hand which began to bleed. Our client gave the keys back to the victim before she told him that she was going home to call the Police.

A Domestic Violence Evidence in Chief was obtained from the Victim, and our client was subsequently cautioned and placed under arrest before being conveyed to Hornsby Police Station. He admitted to his actions in both sequences.

Sentencing and Submissions

On sentence, our Nicholas Hardy-Clements provided case law and gave persuasive submissions regarding our client’s clear criminal record, his otherwise good character, the unlikelihood to re-offend, and his remorse and acknowledgement of the offending by virtue of his early guilty plea. It was noted that the offending of our client occurred in circumstances where he was emotional and stressed.

Court Findings and Outcome

These submissions resulted in our client being convicted for Sequence 1, and being directed to enter a Conditional Release Order (CRO) for a period of 24 months pursuant to Section 9 (1)(a) of the Crimes (Sentencing Procedure) Act 1999, for Sequence 2. These were the most favourable outcomes.

This case illustrates the importance of experience and excellent representation by solicitors such as Nicholas Hardy-Clements who care for their client’s circumstances and work hard to ensure their case is prepared and presented in a way that ensures the Court gives full effect to every factor in a client’s favour.


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