Assault – Guilty Plea – Section 10 - AVO

Published 24 Oct 2011

Criminal Lawyers Sydney and Parramatta Offices

Criminal Offence – Criminal Matter – Assault – Guilty Plea – Section 10 - AVO

Nyman Gibson Stewart

Criminal Lawyers

Mt Druitt Local Court 

Represented by Solicitor:  Bharan Narula

Facts

The client was charged with common assault after punching and assaulting her daughter’s friend.

The client had no criminal record and had an excellent subjective case. The assault arose in circumstances where the daughter’s friend had been allowed to stay in the house for free, but was found to be bringing drugs home.  The daughter was also taking drugs.  A criminal record/conviction may have had devastating consequences for our client.  Police were seeking an AVO for a period of 2 years.

Result: 

A strong case in mitigation was put to the court together with excellent character references. The court chose not to record a conviction and imposed a 6 month bond pursuant to s10 of the Crimes (Sentencing Procedure) Act 1999.

The client did not object to the AVO, however we submitted to the court that taking into account our client’s age and excellent record, an AVO was not necessary at all. The court reduced the duration of the AVO to 6months also, to run concurrently with the bond.

The final result was no fine, no court costs, no conviction, and a very happy client.

Bharan Narula is a criminal defence solicitor working from our Darlinghurst office, and like all of our team, can be contacted 24/7 on 0426279953.