Assault Occasioning Bodily Harm IV

Overview:

We appeared in the Southport Magistrates Court for our client who was charged with the following offences:

1. Assault occasioning bodily harm whilst armed (max penalty 10 years imprisonment);
2. Unlawful possession of a category M weapon (max penalty 2 years imprisonment); and
3. Enter premises and commit indictable offence (max penalty 14 years imprisonment).

Our client was charged with these offences after attending the workplace of the complainant over a money debt. During a verbal argument, our client pulled out knuckle dusters that were in his pocket and punched the complainant twice to the head.  Whilst being escorted from the workplace, our client punched the complainant a third time to the side of the head.  The complainant fortunately did not suffer any serious injuries as a result of the assault, only bruising and swelling.

Prior to the sentence, we encouraged our client to obtain character references and to attend an anger management course. We tendered material from the course, including his extensive handwritten notes, to demonstrate his steps towards rehabilitation. We also provide the court with a number of character references which demonstrated that the offending was out of character. Our client also wrote a letter of apology to the complainant, which highlighted his remorse for his actions.

Given that the offences contained allegations of violence, imprisonment was not a last resort for the court. We were able to convince the court, however, that given his otherwise good character and excellent prospects of rehabilitation, a period of imprisonment that was served in the community was appropriate in the circumstances.

The court sentenced our client as follows:

• He was ordered to serve six months imprisonment for the offences of assault occasioning bodily harm and enter premises and commit an indictable offence. That period of imprisonment was wholly suspended, which meant that our client did not have to serve an immediate term of imprisonment. The six months imprisonment will “hang over his head” for an operational period of 18 months.
• In relation to the possessing a category M weapon charge (i.e. the knuckle dusters), our client was convicted and not further punished.

This was an excellent result in the circumstances, given that many matters involving violence see offenders having to serve actual time in custody, even if it is their first offence.

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.