The client was charged with common assault after punching and assaulting her daughter’s friend.
The client had no criminal record and had an excellent subjective case. The assault arose in circumstances where the daughter’s friend had been allowed to stay in the house for free, but was found to be bringing drugs home. The daughter was also taking drugs. A criminal record/conviction may have had devastating consequences for our client. Police were seeking an AVO for a period of 2 years.
A strong case in mitigation was put to the court together with excellent character references. The court chose not to record a conviction and imposed a 6-month bond pursuant to s10 of the Crimes (Sentencing Procedure) Act 1999.
The client did not object to the AVO, however we submitted to the court that taking into account our client’s age and excellent record, an AVO was not necessary at all. The court reduced the duration of the AVO to 6months also, to run concurrently with the bond.
The final result was no fine, no court costs, no conviction, and a very happy client.
Nyman Gibson Miralis provides expert advice and representation in all areas of criminal law. Contact us if you require assistance.