Deprivation of liberty charge dropped; spent conviction orders imposed for 3 x assault
Our client came to the firm charged with a serious offence of deprivation of liberty, and three offences of aggravated common assault. The charges related to an acrimonious breakdown in a relationship, and also arose in the context of disputes over child custody as a result of that breakdown.
On review of the materials, it was plain that there was no real basis for the deprivation of liberty charge. We presented a detailed submission to the police, which recommended the deprivation of liberty charge be dropped, in exchange for a guilty plea to the assault charges.
The submission was accepted by the police. In order to have the best chance at securing a spent conviction, we recommended the client engage with the Family Violence Program run by the court. The client participated, attending all sessions for a considerable period.
At sentencing, we presented a detailed and persuasive plea in mitigation, following which the Magistrate was persuaded to impose fines and a spent conviction.
This excellent outcome meant that our client could continue working in their chosen field, and received the best possible sentence on the available evidence.