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Lawyer-in-charge: Carolyn Shiels
The Client: Our client came to us facing a highly complex legal battle involving historical domestic violence allegations and child assault charges. The charges included both common assault and Assault Occasioning Actual Bodily Harm (AOABH), some dating as far back as 2014 and involving multiple jurisdictions, including incidents that occurred overseas.
The Situation: Our client was initially facing eight charges, including serious allegations such as choking with intent and AOABH against both a former partner and a child. These matters were further complicated by the possibility of the prosecution seeking to tender tendency evidence, material that could demonstrate a pattern of behaviour based on prior convictions and uncharged conduct in jurisdictions outside Australia.
Despite the complexity and seriousness of the matter, our team undertook a detailed review of the brief and engaged in candid, strategic conferences with the client. After carefully weighing the strength of the evidence, including photographic evidence and victim statements, our team advised the client on the risks of proceeding to hearing and the benefits of resolving the matter via rehabilitation.
Through multiple rounds of negotiation with the Police Prosecutor and in consultation with the victim, our criminal team secured the withdrawal of the most serious charges, including the choking offence and AOABH allegations relating to the ex-partner. It is important to note that all the withdrawn charges were discussed with the victim by the Police and the Prosecutor who was there at the Court.
The Outcome: Ultimately, the client entered guilty pleas to five offences: three common assaults and two AOABH charges relating to the client’s child. Our team worked diligently to ensure the agreed statement of facts reflected the amended and more accurate version of events and successfully advocated for the Court to consider rehabilitation efforts as part of sentencing.
In preparation for sentencing, our team developed a clear and extensive rehabilitation plan, which the client not only followed but exceeded. The client:
With our Criminal Team communicating realistic consequences to the client’s actions and using a rehabilitative legal lens to pursue the case, the final sentence included:
Why This Matters: This case is not about excusing past actions. It’s about recognising the role that rehabilitation and clear, realistic communication plays in both protecting due process and legal strategies for ensuring the fairest outcome prevails. The sentence reflects not only our team’s dedication to upholding justice but also the power of accountability and change when clients are willing to engage with support structures available to them.
Our client now takes full responsibility for their past and is actively participating in programs aimed at long-term behavioural change, an outcome that benefits their children, the broader community, and the justice system as a whole. Though a difficult case to take on, our Criminal Team believe that their actions and realistic approach to our client’s case struck change in them, and they truly believe them to be a better person at the commencement of their service.