Assault Occasioning Bodily Harm – DV offence Contravene Domestic Violence Order

Overview:

Our client was charged with Assault Occasioning Bodily Harm – Domestic Violence Offence and contravention of a domestic violence order, in circumstances where our client was in a relationship with the aggrieved at the time of the alleged assault and there was a domestic violence order in place at the time of committing the alleged assault.

In support of the Assault Occasioning Bodily Harm charge the Prosecution allege that our client became aggressive towards the complainant when he found a dating app on her phone. In response, our client allegedly pushed the complainant onto the bed and sat on her stomach pinning her arms above her head.

It is further alleged that our client placed his hands around the complainant’s throat several times and continued to push her onto the bed and threatened to post pictures of the complainant naked online.

In addition to the Assault Occasioning Bodily Harm charge our client was also charged with contravening a domestic violence order.

Following a review of the statement of facts, Ms Garland made a submission to the Prosecution seeking that the Assault Occasioning Bodily Harm charge be downgraded to common assault in circumstances where there was not sufficient evidence to prove the charge of Assault Occasioning Bodily Harm occurred.

Following lengthy negotiations with the Prosecution, the Prosecution accepted Ms Garland’s submission and downgraded the charge to common assault.

Following detailed submissions made by Ms Garland to the court, our client was sentenced to 9 months’ probation (for both offences) and the court ordered that no conviction be recorded.

In circumstances where the court has repeatedly said that for serious assault matters that occur in a domestic setting, a sentence of two years or more imprisonment is warranted and within range, our client’s sentence of 9 months probation was an excellent result.