The client was charged with various offences ranging from Common Assault, all the way to Breach of AVO and Assault Occasioning Actual Bodily Harm. It was alleged that our client had punched his partner in the face and arms around 10 times before proceeding to pull her hair. The Police Facts Sheet was very skewed and painted our client as a monster. What the Facts Sheet left out was the fact that our client was acting out of provocation – in fact, the partner was trying to force him to file a divorce which he did not want.
The law says that the starting point for a Breach of AVO is imprisonment where an AVO was breached via acts of violence. Combined with the fact that our client was charged with Assault Occasioning Actual Bodily Harm, there was a strong possibility that he was going to be imprisoned for a period up to 2 years.
Because the Police Facts were so skewed, we organised for our client to see a psychologist who drafted a report that outlined our version of events. This version was more balanced, and portrayed a more accurate depiction of the dynamics of the relationship. The relationship was never one of violence – rather, it was one where the marriage was becoming increasingly strained because our client’s partner wanted out of the marriage, and doing all she could to bring that about.
In light of the above, it was only natural that our client avoided a term of imprisonment. Instead, his sentence was suspended, and he was allowed to walk out of court and not into the cells!
Nyman Gibson Miralis provides expert advice and representation in all areas of criminal law. Contact us if you require assistance.