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Our Cases - Ms X, Common Assault

Updated: Aug 25, 2023


a woman leaning against a wall, which has the word "criminal" depicted on it

A recent case our office was entrusted to represent involved Ms. X and charges of common assault against her, as a result of an altercation with her boyfriend. This case exemplifies the importance of having legal representation to prepare well-rounded submissions, particularly during the sentencing phase.


The Charge and Circumstances:

Ms. X faced a charge of common assault under section 61 of the Crimes Act 1900 (NSW), resulting from a physical altercation with her boyfriend in Sydney in early 2023. The allegations against her included that she punched her boyfriend in the face and lacerated his skin with a phone cable. While her actions that day were indefensible, the surrounding circumstances, as recorded in the Fact Sheet, suggested the situation wasn't black and white.


Upon closer examination of the facts and evidence, our advice was that the best resolution for Ms. X would be to plead guilty and seek leniency, as there were insufficient grounds to establish provocation.


Our office attended the Downing Centre Local Court with the client, entered a plea of guilty and made submissions on her behalf seeking leniency.


Factors Considered by the Court:


1. Age and Background: As a young adult with a clean slate, the incident appeared as a rare deviation in Ms. X’s otherwise impeccable record. Since arriving in Australia, she has shown commendable dedication, as evidenced by her outstanding academic achievements at a leading university.


2. Genuine Remorse: One's ability to recognize and accept mistakes is indicative of their integrity. Ms. X not only pled guilty but also provided a heartfelt letter of apology, thereby showcasing her genuine remorse.


3. Character References: In our submissions, we included a variety of character references, painting a cohesive picture of an individual known for her kindness and commitment to her studies. The Court accepted that Ms. X was a person of an impeccable character.


4. Impact on Future Prospects: Being a young adult, a conviction could have cast a long shadow over Ms. X's prospects, potentially impeding her educational aspirations and professional trajectory. Further, her status as an international student added a layer of complexity, given the potential implications on her residency in Australia.


Our submissions not only outlined the facts but also framed them in a manner that stressed the essential factors considered by the Court when granting leniency.


Outcome:

Acknowledging our comprehensive submissions and taking into account all presented factors, the court made a Conditional Release Order (CRO) without a conviction and imposed a good behaviour bond on Ms. X for a period of 2 years. The judge commented that this was a borderline case, which could have easily resulted in a recorded criminal conviction. This outcome underscores the significance of having skilled solicitor prepare and present arguments on your behalf.


Conclusion:

The case of Ms. X serves as a poignant reminder that the law isn't just about administering penalties, but also about offering individuals a pathway for redemption and growth. With skilled legal representation, individuals can ensure that their side of the story is heard, understood, and given due consideration. Contact Surge Legal now on 02 8722 5021, if you require assistance with your criminal matter.

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