Case Study: Severity Appeal - Actual Bodily Harm

We were recently retained by a client who had been charged with Assault Occasioning Actual Bodily Harm against a child in a domestic violence context. This is an extremely serious charge which carries significant penalties, including potential imprisonment, given the vulnerability of the victim and the nature of the offence.

Prior to engaging our firm, the client had attended the Local Court unrepresented. Without legal advice, he entered a plea of guilty and did not tender any subjective materials—such as character references or evidence of rehabilitation—to the Magistrate. Consequently, he was convicted and sentenced, leaving him with a criminal record that would have severe long-term impacts on his employment and family life.

The client approached our office seeking advice on his options. After reviewing the case, we lodged a Severity Appeal to the District Court of NSW. A severity appeal allows a higher court to review the sentence imposed by the Local Court to determine if it was too severe given all the circumstances.

Our strategy focused on demonstrating to the Court that the initial sentence was excessive and that a non-conviction outcome was appropriate, despite the seriousness of the charge. We argued that the offence was a "one-off" incident and not reflective of our client's true character.

To support the appeal, our team worked closely with the client to prepare a significant volume of subjective material. This preparation is crucial in severity appeals, as the Judge needs to see concrete evidence of change and remorse.

Our submissions included:

1. Evidence of Rehabilitation: We guided the client to undertake relevant counseling and anger management courses immediately. This demonstrated to the Court that he had taken full responsibility and proactive steps to ensure the behaviour would not be repeated.

   
   

2. Character References: We collated strong references from community members and colleagues attesting to his otherwise good character and reputation.

   
   

3. Letter of Apology. We spoke to the client at length about his actions and made sure that he fully understood the implications of his actions and was genuine about his remorse.

   
   

4. We carefully framed the incident as an isolated aberration in an otherwise law-abiding life, rather than a pattern of domestic violence.

The District Court Judge reviewed the fresh materials and our submissions. The Judge accepted that while the offence was serious, the client’s proactive steps towards rehabilitation and his lack of prior criminal history weighed heavily in his favour.

The Court was persuaded that the initial conviction recorded by the Local Court was too severe.

We are pleased to report that the appeal was successful. The Judge set aside the original sentence and the conviction. Instead, our client received a Conditional Release Order (CRO) without conviction.

This was an exceptional result for a domestic violence matter involving a child, allowing our client to move forward without the stigma and consequences of a criminal record.

Summary

This case highlights the critical difference that preparation and representation make in criminal proceedings.

Appearing unrepresented, especially in serious matters, often leads to harsher outcomes because the Court does not have the full picture of your circumstances. Even if you have been convicted in the Local Court, a Severity Appeal can provide a second chance to present your case properly with new evidence.

Judges often look favourably upon offenders who can demonstrate they have taken "required steps" towards rehabilitation prior to sentencing.

At Surge Legal, we don't just speak for you, we help you prepare the evidence needed to persuade the Court.

Contact Surge Legal now on 02 8551 7851 for a free initial legal advice up to 15 minutes if you are looking to appeal a sentence.