Dealing with Common Assault Offence

What happens if you are charge with common assault by NSW Police and you are required to attend a Court?

We regularly assist clients with this matter with good outcome. We recently assisted a client who initially resisted our advice to plead guilty to the charge of common assault as according to him, the victim did not have any injury. Common assault may be committed without injury – any unauthorised touching or just a threat of violence that causes the victim to have an immediate fear falls under s 61 of the Crimes Act on common assault.

When the client eventually instructed us to plead guilty, we then advised him to address his behaviour and referred him to a mental health social worker for anger management counselling. He also handed to us 3 testimonials about his being a family man and a person of good character.

On sentencing, the Judge dismissed the charge without record of conviction under section10 of the Crimes (Sentencing Procedure) Act as we submitted to the Honourable Court that:

(a) Our client accepted his offence at the earliest opportunity which entitled him to 25% discount.

(b) He had an anger management counselling the social worker provided a good report.

(c) He has no prior criminal history.

(d) Showed remorse.

(e) He is of good character as gleaned from the character reference from his friends.

Our firm believes that the key to a successful criminal defence is to consider carefully the offence and match with the instruction of the client, then provide an honest assessment of the case and formulate strategies and put to the Court the objective and subjective considerations of the accused during sentencing. On defended matter or plea of not guilty, we make sure that the client can sustain his defence for the Court to believe that the case lacks the elements of the crimes that warrants acquittal.