At EAS Legal, we recently represented a client at the Newcastle Local Court facing a charge of Assault Occasioning Actual Bodily Harm.
The matter had been ongoing for approximately seven months, with a significant dispute concerning the circumstances of the offending and, importantly, the level of provocation involved in the incident.
Following repeated negotiations with Police, the matter was ultimately listed for a disputed facts hearing.
For our client, the stakes extended well beyond the immediate criminal penalty. He was particularly concerned that a conviction could adversely affect his residency in Australia, ongoing studies and future career prospects.
Our Approach
Our office continued negotiations with Police right up until the day of the disputed facts hearing.
Those negotiations ultimately resulted in an agreed set of facts being reached, avoiding the need for the disputed facts hearing and allowing the matter to proceed directly to sentence.
With the factual dispute resolved, our focus shifted to our client’s primary concern: avoiding a criminal conviction.
We prepared compelling subjective material and advanced detailed sentencing submissions addressing both the circumstances surrounding the offence and our client’s personal circumstances.
We submitted that, notwithstanding the seriousness of an Assault Occasioning Actual Bodily Harm charge, the circumstances justified allowing our client to move forward without a conviction jeopardising the future he was working towards.
The Outcome
The Newcastle Local Court accepted our submissions and determined that a two-year Conditional Release Order without conviction was the appropriate penalty.
The result meant:
No conviction was recorded
A two-year Conditional Release Order was imposed
The disputed factual issues were successfully resolved through negotiation
The potential impact of a conviction on our client’s residency, studies and career was avoided
After seven months of proceedings, our client could finally move forward with his life
Why This Result Matters
A criminal case can have consequences extending far beyond the sentence imposed by the Court.
For this client, a conviction had the potential to interfere with the life he was building in Australia, including his education and future career.
This matter demonstrates the importance of persistent negotiations combined with carefully prepared sentencing advocacy. Even after the matter had been listed for a disputed facts hearing, our team continued working towards a resolution that placed our client in the strongest possible position at sentence.
After seven difficult months, our client walked away from Court without a conviction and able to continue pursuing his education and career goals as planned.
Facing Assault Charges?
EAS Legal represents clients facing assault and other serious criminal charges throughout New South Wales, providing strategic negotiations, meticulous preparation and strong courtroom advocacy.
1800 117 533
www.easlegal.com.au
EAS Legal – Strategic Criminal Defence. Proven Results.
