Spent convictions imposed for assault public officer; aiding another to escape lawful custody; obstruct public officer
Our client originally faced charges of assault public officer in prescribed circumstances; aiding another to escape lawful custody; and obstruct public officer. The client was facing a mandatory term of imprisonment if convicted of the assault charge. The charges arose from a violent and aggressive arrest of the client’s sister which only came about due to her failure to provide her personal details to the police.
The evidence was complex and it was unclear whether our client had actually assaulted the officer, and even if the client had, whether bodily harm had been caused.
Following protracted negotiations, we were successful in having the ‘prescribed circumstances’ removed from the assault public officer charge. The client pleaded guilty. Following a detailed plea in mitigation, we were successful in having fines imposed as well as three spent convictions.
This outstanding result meant our client went from facing certain imprisonment, to monetary penalties without the long-term deleterious effect of convictions for these sorts of offences. This was an excellent outcome and we were happy to assist the client in this matter.