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Actual Bodily Harm Assault occasioning actual bodily harm is a type of common assault and is considered as a serious offence. Under sec 59 of Crimes Act 1900 this offence attracts maximum penalty of 5 years. The penalty increases to 7 years if the offence is committed in the company of someone else. However, if the matter is dealt with in the local court where the maximum penalty is 2 years. Meaning Actual Bodily Harm means any injury which is calculated to interfere with the health or comfort of the victim. The...
Jeremy Allen and Cassandra Ross have been arrested and facing charges for stabbing a teenager outside Woolworths in Balmain. The 16-year-old boy was leaving Woolworths with his 14-year-old brother when he was approached by the accused for a cigarette lighter. The accused and the victim had an altercation before the man stabbed the teenager in the abdomen and left with his partner. The accused is charged with grievous bodily harm with intent to murder, reckless grievous bodily harm, and reckless wounding. He...
Fans are fuming after police have warned anyone heading to UK electro group Above & Beyond‘s show in Sydney this weekend will be denied entry if a sniffer dog makes any indication they have or have had drugs on their person. If you or any one you know has been wrongfully refused from this gig, we will represent you PRO BONO Music.com.au has stated… Punters have slammed the call which suggests they could be refused entry into the gig despite not having drugs on them at all. Check out some of the responses...
AVO- what you need to know What is an AVO? It is Apprehended Violence Order made to protect a person who fears for his/her or childs own safety from violence, intimidation, or harassment. It is an order made by the Court to restrict the offender from future contact with the victim. You are in need of protection, then options are available. Violence need not be physical assault. It can me in many other forms like: Harassment (in person or electronically)IntimidationPsychological abuseStalkingSexual abuseObsessive...
Why do wealthy people shoplift?Yesterday, a client told me she stole an $8 jar of olives from Whole Foods and we discussed it. It’s not that she can’t afford it. She’s an heiress. It’s not that she’s selfish. She says she gives generously to charity. She claims to usually be ethical and stresses that with her children. So why did she steal it? indeed she admitted that she shoplifts whenever she feels there’s little risk of getting caught. Here are paraphrases of her reasons and, when I asked for a...
By Yavin Kumar @ Sydney Criminal Defence lawyersDomestic violence can happen to anyone in any household, and can also occur in many forms and circumstances. In most cases, domestic violence results from an abuse of power or control from one person over another, which can result in horrific patterns involving violence, ongoing abuse, and intimidation which causes the victim to fear for their safety and wellbeing. Domestic violence does not necessarily have to involve physical abuse – in many instances,...
Liverpool and Parramatta Local Courts – March 2016Our client was charged with dangerous driving occasioning grievous bodily harm, after his ex-partner jumped from his moving car following an argument they had, suffering brain damage. His matter was referred to us on a grant from Legal Aid. Our client was found guilty on the basis that his continuing to drive after his ex opened the door to the car, took her seatbelt and said she would jump out, fell below the minimum standards of care expected of a driver to the...
Parramatta Local Court – February 2016Our client was a young man charged with break, enter & steal and related offences concerning a home invasion committed in company with use of a firearm. His matter was referred to us on a grant from Legal Aid. We prepared a defended committal hearing, at which we were confident on having the main charge downgraded to an enter with intent offence, and two others dismissed for lack of evidence. The prosecution offered our client a deal which would keep the matter in the Local...
Sydney Supreme Court – March 2016Our client was charged with a number of serious sexual assault and intentional wounding and grievous bodily harm offences arising out of an allegedly abusive domestic relationship. With the trial matter pending in the Lismore District Court, we persuaded a Supreme Court judge to grant our client conditional bail, after we pointed to weaknesses in the prosecution and rebutted the prosecution’s hollow argument that our client posed a flight risk.
Manly Local Court – February 2016Our client was a 17-year-old who had only had his licence for a matter of months when he was charged with drive in a manner dangerous, speed over 30km/h and negligent driving as a back-up. We negotiated with the prosecution to slim down the charges, and the prosecution dropped the speed over 30km/h charge, which meant that our client avoided a mandatory 3-month licence disqualification on top of any other penalty the court imposed. We persuaded the magistrate to deal with our...
Downing Centre Local Court – April 2016Our client was a young tradesman from Newcastle charged with Possess Prohibited Drug after being caught with a capsule of MDMA in the Sydney CBD. He made full admissions to police, and at sentence, we were able to persuade the...
