This is a case study on a sentence of good behaviour bond without conviction for family violence offences. The case was heard at the Magistrates’ Court and we provided criminal defence for the accused.
What is alleged to have occured?
Our client had been charged with four family violence offences: Unlawful Assault, Criminal Damage, and two offences of Breaching a Family Violence Intervention Order. All of these offences were allegedly committed against his ex-partner which were viewed to be serious due to the nature of their relationship. The client also had one criminal prior for Assault against the same ex-partner.
What happened at court?
We appeared on behalf of the client at the Sunshine Magistrates’ Court. For this particular case, a sentence without conviction for family violence would be most ideal considering the situation.
After a careful evaluation of the circumstances of the case, we conducted negotiations with the police to discuss the best outcome that could be achieved given all available evidence. The charge of Unlawful Assault and one of the charges of Breach of Family Violence Intervention Order (FVIO) were consequently withdrawn. The client then pleaded guilty to the two remaining charges.
Our client was extremely worried on the possible effect of a recording of a conviction on his prospects for future employment. There was a real risk of him getting a recording of a conviction due to the seriousness with which offences related to family violence are treated by the courts.
What was the result?
We sought a sentence indication in respect of the remaining charges (as the police indicated they would withdraw the Assault and one of the Breach IVO charges if the client pleads guilty). Following submissions, her Honour imposed a good behaviour bond without conviction for the family violence offences.
What is alleged to have occured?
Our client had been charged with four family violence offences: Unlawful Assault, Criminal Damage, and two offences of Breaching a Family Violence Intervention Order. All of these offences were allegedly committed against his ex-partner which were viewed to be serious due to the nature of their relationship. The client also had one criminal prior for Assault against the same ex-partner.
What happened at court?
We appeared on behalf of the client at the Sunshine Magistrates’ Court. For this particular case, a sentence without conviction for family violence would be most ideal considering the situation.
After a careful evaluation of the circumstances of the case, we conducted negotiations with the police to discuss the best outcome that could be achieved given all available evidence. The charge of Unlawful Assault and one of the charges of Breach of Family Violence Intervention Order (FVIO) were consequently withdrawn. The client then pleaded guilty to the two remaining charges.
Our client was extremely worried on the possible effect of a recording of a conviction on his prospects for future employment. There was a real risk of him getting a recording of a conviction due to the seriousness with which offences related to family violence are treated by the courts.
What was the result?
We sought a sentence indication in respect of the remaining charges (as the police indicated they would withdraw the Assault and one of the Breach IVO charges if the client pleads guilty). Following submissions, her Honour imposed a good behaviour bond without conviction for the family violence offences.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 20/04/2016
