No Criminal Record in the Downing Centre for Assault Occasioning Actual Bodily Harm


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Our client is a 34 year old school teacher in Sydney’s Northern Suburbs.

On a Sunday, he was playing a social game of basketball when he took exception to being heavily fouled by an opponent. He approached the opponent and elbowed him to the right side of the face, causing him to collapse face-first to the ground and remain unconscious for several minutes.

An ambulance arrived and the opponent was rushed to hospital suffering from a severe concussion, heavy swelling and bruising to the face and head, and several broken teeth.

Our client described his response as a ‘brain explosion’. He was immediately remorseful and undertook counselling at our direction. He also gathered character references.

Our defence team negotiated several amendments to the ‘full facts’ and obtained a detailed counselling report. Our client then entered a plea of guilty.

After lengthy submissions in Downing Centre Court, the magistrate was persuaded to grant a ‘section 10 bond’ – which means our client avoids a criminal record and can continue with his career.