Waverley Local Court – October 2015
Our client was charged with assault occasioning actual bodily harm after he bit his boyfriend during an argument following a drinking session. He was also put on a provisional AVO.
The boyfriend wrote a character reference for our client indicating that they had resolved their differences and our client was no longer drinking.
We made representations to the prosecution to drop the charge to the less serious charge of common assault, which was successful.
At court, we argued that our client should be put on a section 10 bond, with no conviction. We were successful. We also argued that the condition in the AVO prohibiting our client from approaching his boyfriend within 24 hours of consuming alcohol should be dropped, not because he planned on taking up drinking, but because, as the Magistrate said, such a condition was ‘unmanageable’. The Magistrate took the unusual course of dismissing the AVO altogether, pursuant to his discretion under s 39(2) of the Crimes (Domestic and Personal Violence) Act 2007.