Our award-winning criminal defence lawyers successfully appear for clients charged with Domestic Violence offences in the Local, District, and Supreme Courts. Below are some examples of clients charged with Domestic Violence offences, who have been sentenced with no conviction being recorded.
Below are some recent examples of domestic violences cases we have appeared in where our clients received a section 10 sentences, meaning they have no criminal record.
You can also learn more about section 10, non-convictions, here.
Common assault– Conditional Release Order without conviction
Our criminal defence lawyer represented a client charged with intimidation and common assault in a domestic matter, following an argument and physical altercation with their partner. Our lawyer successfully negotiated for the intimidation charge to be withdrawn, with our client instead pleading guilty to the less serious charge of common assault. The facts of the incident were also amended to accurately reflect the circumstances of the offence. Ultimately, the court accepted our lawyer’s submissions, and our client was placed on a 12-month Conditional Release Order without conviction. This meant our client avoided a conviction while remaining in the community subject to the conditions of the order.
Assault occasioning actual bodily harm – Conditional Release Order without conviction
Our criminal defence lawyer represented a client charged with assault occasioning actual bodily harm in a domestic violence matter following an incident in which our client struck the complainant in the face. At the hearing, our client entered a plea of guilty to reckless conduct. Our lawyer emphasised that the assault was committed recklessly rather than with the intention to cause the resulting injury. Ultimately, the court accepted our lawyer’s submission, and our client was placed on a 12-month Conditional Release Order without conviction.
Common Assault – Conditional Release Order without conviction
Our criminal defence lawyer represented a client charged with common assault in a domestic violence matter involving his wife. Our lawyer successfully negotiated for the facts of the offence to be amended, clarifying that the physical contact involved only our client grabbing his wife’s wrist. Our lawyer made submissions regarding the amended circumstances of the offence and the appropriate penalty, highlighting the limited nature of the physical contact. The court accepted our lawyer’s submissions, and our client was placed on an 18-month Conditional Release Order without conviction.
Intimidation – Section 10(1)(a) outcome
Our criminal defence lawyer represented a taxi driver charged with intimidating his wife in a domestic violence matter. Our lawyer made submissions concerning the offender’s circumstances and our client’s personal circumstances, including the significant impact that a conviction could have on his ability to continue working as a taxi driver. The lawyer argued that a section 10(1)(a) dismissal without conviction was appropriate, allowing our client to avoid a criminal conviction and continue his employment. Ultimately, the court accepted our lawyers’ submissions, and our client received a section 10(1)(a) outcome, avoiding a criminal conviction.
Common assault – Section 10(1)(a) outcome
Our criminal defence lawyer represented a client charged with common assault in a domestic violence matter involving a roommate. Our client pleaded guilty on a reckless basis, and our lawyer made submissions regarding the circumstances of the offending and our client’s personal circumstances. Ultimately, the court accepted our lawyer’s submissions and imposed a section 10(1)(a) dismissal without conviction.
Common assault – Conditional Release Order without conviction
Our criminal defence lawyer represented a client charged with intimidation and common assault in a domestic violence matter involving his wife. Our lawyer successfully negotiated for the intimidation charge to be withdrawn, with our client instead entering a plea of guilty to common assault arising from an allegation that he spat in his wife’s face. Our lawyer made submissions concerning the circumstances of the offending and the appropriate penalty. Ultimately, the court accepted our lawyer’s submissions, and our client was placed on a 2-year Conditional Release Order without conviction.
Tracking device offence – Conditional Release Order without conviction
Our criminal defence lawyer represented a client charged with installing a tracking device to find a person in a domestic violence matter. The allegation concerned our client’s use of an AirTag to track his ex-partner. Our lawyer made submissions concerning the circumstances of the offending and our client’s personal circumstances and addressed the appropriate penalty. Ultimately, the court accepted our lawyer’s submissions, and our client was placed on a 12-month Conditional Release Order (CRO) without conviction.
Threat to damage property – Conditional Release Order without conviction
Our criminal defence lawyer represented a client who was charged with threatening to damage property in a domestic violence matter. The allegation involved our client threatening to destroy the complainant’s phone. Our lawyer made submissions concerning the circumstances of the offending and the appropriate penalty. Ultimately, the court accepted our lawyer’s submissions, and our client was placed on a 12-month Conditional Release Order without conviction.
Section 10
Under section 10 of the Crimes (Sentencing Procedure) Act 1999, a court can dismiss the matter outright under section 10(1)(a) or place the person under a Conditional Release Order without a conviction under section 9(1)(b), which is a good behaviour bond for up to two years.
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