Our client engaged us after losing confidence in his previous lawyer and after already having pleaded guilty to multiple charges of assault occasioning bodily harm in circumstances of aggravation and breaching a family violence restraining order. The severity of the assaults had escalated over time. The offending occurred in the context of a relationship that suffered at the hands of alcohol consumption, miscommunication, and other unresolved issues.
Whilst our client and his partner had reconciled, Police were seeking a term of immediate imprisonment. Our client was not eligible for the court ordered family violence program due to his FIFO schedule. We urged the Court to adjourn sentencing for several months to allow our client an opportunity to engage privately with a psychologist, with a view to demonstrating steps were being undertaken toward rehabilitation.
Our client was committed to making necessary charges to rebuild a healthy partnership and was deserving of the privately obtained counsellor’s report which was favourable in all respects. On the day of sentencing and despite the glowing report, Police maintained that a term of imprisonment was appropriate. After lengthy submissions, the Magistrate was persuaded that the term of imprisonment, whilst appropriate, should be suspended. As a result, he was sentenced to 9 months suspended for 12 months for the most serious assault, and a Community Based Order for 12 months allowing him to remain in the community and continue the progress he has made.
