Our client was a retired gentleman in his 60s, who had been charged with aggravated assault occasioning bodily harm. Whilst he was no stranger to the criminal justice system, he had not been visited upon for over 20 years. He developed a love and passion for volunteer work, devoting time to his community and was member to several boards. In spite of his troubled past, he had turned his life around.
Whilst our client was prepared to accept responsibility for his actions, he was deeply concerned about the impact of a conviction and the loss of his position on the boards he volunteered with.
We entered into negotiations with the prosecution with two goals: to downgrade the charge to an aggravated common assault, and to revise the factual basis on which our client would be judged. We succeeded in persuading the prosecution to do so in both respects and the matter thereafter proceeded to sentencing. Despite strong opposition from the prosecution, who pointed to our client’s previous criminal record which included similar offending, our application for a spent conviction was granted and a fine imposed for the assault.