Severity Appeal – District Court – Assault - AVO

Published 24 Oct 2011

Case Study - Sentence Appeal – Severity Appeal – District Court – Assault – AVO – apprehended violence order – section 10 – security licence – police charges – apprehended violence order

Nyman Gibson Stewart Criminal Defence Lawyers – Sydney and Parramatta

Sydney District Court

Represented by solicitor: Shaun Mortimer

Facts: Our client was involved in a domestic dispute with his mother, and threw various household objects at her in anger. The mother immediately contacted Police and provided a statement. As a result, our client was charged with common assault, and a provisional Apprehended Domestic Violence Order was also placed on him. In the Local Court our client pleaded guilty to the charge. He was convicted and placed on a good behaviour bond. Our client worked in the security industry, and needed to avoid a conviction in order to save his job. Our client then approached Nyman Gibson Stewart to represent him for his appeal.

Result: The matter came before the Sydney District Court for hearing of the appeal. The Judge who heard the appeal was persuaded that our client’s actions were caused in part by a depressive illness, which was supported by expert psychiatric evidence. The Presiding Judge agreed that the recording of a conviction was excessive, and dismissed the charge pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999, accordingly overturning the conviction.

Shaun Mortimer is a criminal defence lawyer based at our Sydney office, and regularly appears at the Sydney District Court.