SUCCESS STORY

New South Wales

Newcastle Local Court – Non-Conviction Outcome for Family Violence Offending

Our client appeared before the Newcastle Local Court facing multiple charges arising from an alleged family violence incident. The client was particularly concerned about the consequences that a criminal conviction could have on his employment and future. Our preparation therefore focused heavily on his personal circumstances, prior character, the context surrounding the offending, and the significant consequences that a conviction would have beyond the immediate sentence. Despite the family violence context, we made detailed submissions seeking an outcome that would allow the Court to deal with the matter without recording a conviction, noting that NSW law permits a court in appropriate circumstances to dismiss a charge under section 10 after finding an offence proven, although domestic violence offending attracts additional sentencing considerations. The Court ultimately accepted our submissions and dealt with the matter by way of a non-conviction outcome, allowing our client to move forward without a criminal conviction being recorded. An excellent result in circumstances where the collateral consequences of a conviction could have significantly affected our client’s future.

Non-Conviction Outcome for Family Violence | EAS Legal
  • Family Violence

Case Overview

Charge: Family Violence

Client: Undisclosed

Court Location: Newcastle Local Court

Our client appeared before the Newcastle Local Court facing multiple charges arising from an alleged family violence incident.

The client was particularly concerned about the consequences that a criminal conviction could have on his employment and future. Our preparation therefore focused heavily on his personal circumstances, prior character, the context surrounding the offending and the significant consequences that a conviction would have beyond the immediate sentence.

Despite the family violence context, we made detailed submissions seeking an outcome that would allow the Court to deal with the matter without recording a conviction. NSW law permits a court in appropriate circumstances to dismiss a charge under section 10 after finding an offence proven, although domestic violence offending attracts additional sentencing considerations.

The Court ultimately accepted our submissions and dealt with the matter by way of a non-conviction outcome, allowing our client to move forward without a criminal conviction being recorded.

An excellent result in circumstances where the collateral consequences of a conviction could have significantly affected our client’s future.

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