Domestic Dispute With Mother, Severity Appeal for Assault charges, AVO

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Domestic Dispute With Mother, Severity Appeal for Assault charges, AVO

Sydney District Court

Represented by solicitor and criminal defence lawyer

Case 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 Miralis to represent him for his appeal.

Case 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.

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