2 x Contravening a Domestic Violence Order

Offence/s

2 x contravening a domestic violence order

Court Heard

Beenleigh Magistrates Court

Solicitor

Ms Colleen Battersby

Date

16 December 2022

Overview/Result:

Our client was facing one charge for contravening a domestic violence order. Prior to contacting our office, he participated in a record of interview with the police. At which time he provided information that led the police to charge him with a second charge of contravening a domestic violence. As a result, he was then facing two charges before the court. The nature of these charges was such that he breached the no contact condition of the domestic violence order that was in place.

When our client contacted our office, we informed him that should he have contacted our office prior to attending the police station, we would have advised him to decline to participate in a record of interview. We further provided him with information surrounding the nature of the charges and the court process. With respect to the penalty options available to the court, we informed our client that in circumstances where he had three previous offences within the past five years, the maximum penalty would be increased to 240 penalty units (i.e. a substantial fine) or 5 years imprisonment.

As a result of our client’s criminal history, we advised him of steps he can take to prepare for his sentence, such as enrolling in a Men’s Behavioural Program, engaging with a counsellor or psychologist to assist him with his anger management and obtaining character references.

At the sentence, Ms Colleen Battersby (Criminal Lawyer) made submissions on our client’s behalf. She noted relevant mitigating factors such as:

• the particular circumstances surrounding the commission of the offence;
• his cooperation with the police;
• his genuine remorse as evidence by his engagement with both a counsellor and psychologist; and
• his acceptance of responsibility for the offending.

Ms Battersby further submitted that our client is currently on a probation order which sees him receive a level of supervision to ensure he does not find himself back before the courts. During our client’s sentence, we requested a representative from the Probation and Parole Office attend to provide a verbal report on his engagement with his current probation officer.

In circumstances where we were able to obtain a report from the Probation Office, the Court accepted Ms Battersby’s submissions, and we secured an outcome of a fine. This was an excellent result considering our client’s relevant criminal history.

WARNING:

This is a summary of an actual case. Details have been omitted to protect the privacy of our client.

We select cases which are informative and no guarantee is provided that similar results are achievable in all cases. Every case is different and you should obtain legal advice specific to your matter and circumstances.