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Assault Occasioning Bodily Harm – Future Life Considerations

Potts Lawyers > Our Results  > Violence Offences > Assault Occasioning Bodily Harm – Future Life Considerations

Offences:

  1. Assault Occasioning Bodily Harm

Solicitor: Michael Purcell

Court: Southport Magistrates Court

Date: February 2018

Overview:

Michael Purcell, Senior Criminal Lawyer with Potts Lawyers acted for a 26 year old male. Our client was pleading guilty to a serious charge of Assault Occasioning Bodily Harm.

Our client was eager to start a family in the future, however is unable to have children of his own as he is gay. As such, the only way he would be able to start a family is through adoption.

Section 12 of the Penalties and Sentences Act 1992 (Qld) relevantly provides that “In considering whether or not to record a conviction, a court must have regard to all circumstances of the case, including… the impact that recording a conviction will have on the offender’s economic or social wellbeing”.

Michael Purcell submitted that the possibility of a recorded conviction could impact our client’s ability to adopt a child at a later stage in his life. He further submitted public policy reasons such as the Australian public’s support for and the subsequent passing of legislation allowing same sex marriage. This was accepted by the court, which also gave consideration to other submissions that were made in relation to our client’s lack of criminal history and consistent employment.

The court ordered that no conviction be recorded and our client be placed on 18 months’ probation. This was an excellent result.

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.

Michael Purcell submitted that the possibility of a recorded conviction could impact our client’s ability to adopt a child at a later stage in his life. He further submitted public policy reasons such as the Australian public’s support for and the subsequent passing of legislation allowing same sex marriage. This was accepted by the court, which also gave consideration to other submissions that were made in relation to our client’s lack of criminal history and consistent employment.

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