Defending Common Assault Offences in Sydneyby Kristen White Blogger Unfortunately, domestic violence is prevalent in Australia, and especially in NSW. In fact, it is so abundant that since February 2017, more than 17 charges of domestic violence have even been brought against NSW police officers.
In NSW, there are two types of assault offences: (a) common assault (resulting in either no injury or a minor injury) and (b) aggravated assault (resulting in more serious injuries). Penalties correspond to the seriousness of the injury caused by the offence.
If convicted of common assault, the least serious, a person is likely to get an unsupervised bond. In 2010, a little more than 7% of those convicted of common assault offences actually went to prison.
Common Assault Domestic Violence occurs when you commit common assault against someone you:
1)are or have been married to,
2)are in a de-facto relationship with,
3)have or have had an intimate personal relationship (not necessarily sexual),
4)are living with or have lived with in the past,
5)have or had a paid or unpaid dependant relationship with,
6)are or have been a relative with, and
if you are Aboriginal or Torres Strait Islander, if you are or have been part of the extended family or kin of the other person.
In NSW, in an effort to deter such offences, even your ex-partner and current partner are considered to have a domestic relationship that can result in a common assault domestic violence charge. The same is true for two people who both had an intimate relationship with a common person.
There are defences to common assault charges that qualified lawyers can help you assert. For example, self-defence, provocation and motive are examples of excuses that commonly reduce the severity of punishment or stop it completely. Even if you believe you committed the offence and will be convicted, it is important to at least consult an attorney to see what options are available to you.
Often times, the alleged victim’s story will change, something attorneys can also use to help your cause. In a recent case, soccer star Dylan Walker was acquitted of charges that he pulled his girlfriend to the ground while she was carrying a baby, causing her to suffer injuries to her shoulder, leg and feet. However, she ultimately changed her story, stating that he only touched her shoulder, leading to Walker’s freedom in connection with the offences charged. Attorneys well-versed with laws related to common assault domestic violence are available to help you achieve the best result possible.
Created on Jul 12th 2019 08:28. Viewed 99 times.
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