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No Conviction for Serious Assault

RELATED TO: Section 10 Dismissal, Common Assault, Assault Occasioning Actual Bodily Harm, Assault Charges, Penalties for Criminal Offences, NSW Penalties for Criminal Offences
CRIMINAL CASE

The Magistrate in Parramatta Local Court was persuaded to not record a criminal conviction against our 50 year old client from Mount Druitt who was initially charged with ‘Attempt to Choke’ and Assault Occasioning Actual Bodily Harm.

‘Attempt to Choke’ charges are considered to be very serious and carry a maximum penalty of 25 years imprisonment.

The charges arose from a domestic incident when our client became enraged after finding his 16 year old daughter in bed with a male at the family home.

The daughter alleged that her father kicked and punched her several times to the legs, rib cage and face causing bruises, redness and swelling.

She further alleged that her father then attempted to choke her to the point where she almost passed-out.

The boyfriend begged to leave and ran out of the home.

Police were called and took photos of injuries to the daughter’s body, face and neck.

Despite the photos and eye-witness evidence from the boyfriend, our Defence Team managed to have both charges withdrawn on the basis that our client pleaded guilty to the much less serious charge of ‘Common Assault‘.

This meant that the case stayed in the Local Court rather than going up to the District Court.

The Magistrate was then persuaded to grant a ‘section 10’ which means that our client avoids a criminal conviction altogether.

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