Armied With Intent To Commit Indictable Offence - Assault - Knife Possession - Not Guilty plea - defended hearing - Downing Centre Local Court - alternative offence - Good Behaviour Bond

Published 24 Oct 2011

Case Study –

Criminal Lawyers Sydney and Parramatta Offices

Assault Lawyers Sydney 

Criminal Offence – Common Assault – Armed with intent to commit indictable offence – possession of knife – not guilty plea – defended hearing – Downing Centre Local Court – Local Court Penalties – Good Behaviour Bond 

Nyman Gibson Stewart

Criminal Lawyers 

Downing Centre Local Court

Represented by Solicitor: Riyad El-Choufani

Facts: Our client was charged with the criminal offence of armed with intent to commit indictable offence. It was alleged that our client threatened a person with a knife. This is a serious offence which carries a maximum of 7 years gaol, however Local Court penalties can be applied providing neither party elects for the matter to be dealt with on indictment in the District Court.

Client pleaded not guilty and his matter was listed for a defended hearing at the Downing Centre Local Court.

Result:  Upon conviction, a person could expect to be sentenced to full time imprisonment or a direct alternative to imprisonment such as a suspended sentence, periodic detention or similar. On the day of the hearing, police withdrew the charge of armed with intent to commit indictable offence. The police accepted a plea of guilty to a far less serious charge of common assault. We subsequently appeared before the court for sentence. The presiding magistrate accepted our submissions as to out client’s remorse and prospects for rehabilitation. The court only imposed a good behaviour bond. 

Our client was extremely pleased with this outcome. 

Riyad El-Choufani is based at our Darlinghurst office.