Our client was charged with two counts of aggravated assault occasioning bodily harm, and breaching a family violence restraining order involving his former partner. Our client participated in an interview and made admissions to the assault charges, but denied the breach.
We reviewed the disclosure, and considered that the version of events given by our client gave rise to a arguable defence. Our client entered a plea of not guilty to all charges, and his matter was listed for trial.
In the week leading up to trial, our client instructed that he wished to enter into negotiations with a view to avoid a trial. We entered into negotiations with the prosecution, inviting a resolution by way of a plea to lesser charges of aggravated common assault, in full satisfaction of the charges.
The proposal was accepted and we were able to avoid a trial, with the assault charges downgraded, and the breach charge discontinued. Following our persuasive plea in mitigation, our client was sentenced to fines only and our application for spent conviction orders were granted with respect to both charges.