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    A Sydney banker has been granted bail after being charged with common assault against his wife.

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      Fredrik Blencke charged with assault

      Banker Charged with Common Assault of Wife Inside Children’s Hospital

      A Sydney banker has been granted bail after being charged with common assault against his wife.

      Fredrik Blencke spent Christmas and New Year in jail for breaching his bail conditions and contravene AVO after he was charged with assaulting his wife Annabelle Price, 30, and contravening an apprehended violence order.

      But the 49-year-old was granted bail at Waverley Local Court. He will be required to reside in Byron Bay as part of his bail conditions and abstain from alcohol.

      The matter is next in court on 27 May 2022.

      Charged with Common Assault

      Fredrik Blencke was charged with common assault after his wife alleged he grabbed her while the pair were inside a children’s hospital.

      He attended the Sydney Children’s Hospital on 14 November 2021 after his wife phoned him and told him that the couple’s young daughter had been admitted to a ward.

      Price claimed he was slurring and incomprehensible on the phone. The police facts read:

      “When the [alleged] victim attempted to ask the accused to assist with her other child he became aggressive and uncooperative…An argument ensued, leading to the accused then grabbing the [alleged] victim on the left arm and gripping tightly causing immediate pain.”

      On 15 December 2021, the couple were arguing at their Vaucluse home. It is alleged that Mr Blencke became aggressive and struck a movable island bench, causing it to tip and hit Ms Price’s chair. It is claimed that it could have easily fallen on her.

      Anabelle Price went on to allege that Mr Blencke called her a “slut” and a “whore”.

      The next day she reported both incidents to police, leading to the 49-year-old being charged with common assault and contravene AVO.

      He is also facing an unrelated charge of assault police after an alleged incident outside a Sydney pub last year.

      Bail Application at Waverley Local Court

      The bail application proceeded at Waverley Local Court before Magistrate Jaqueline Milledge. While Her Honour expressed “great concern over [Blencke’s] disposition” and described his behaviour as “out of control”, she ultimately granted bail.   

      Blencke’s assault lawyers agreed that his “out of control behaviour needs to be addressed” but argued a bail application is not the time nor place.

      “I do not intend this bail application to get into the nitty gritty of what happened…His out of control behaviour is something that needs to be addressed… and will be dealt with in time.”

      The investment banker had organised accommodation in Federal – 20 minutes outside of Byron Bay – and proposed his conditions include not being allowed in Greater Sydney at all.

      He also volunteered to seek counselling specifically to deal with the breakdown of his marriage.

      Police prosecutors opposed bail being granted, arguing that Blencke posed an unacceptable risk to his estranged wife.

      The prosecution noted he had previously breached his bail and an apprehended violence order. 

      “With those bail conditions I agree it would be practically impossible to pose a risk to the victim, but that’s on the proviso he complies with bail, which he’s demonstrated he hasn’t in the past,” the prosecution argued.

      The court also heard that prosecutors will be seeking a full time custodial sentence if Blencke is found guilty. This is because in addition to being charged with assault, Blencke has been charged with breach of AVO.

      Magistrate Milledge banned Blencke from attending any licensed premises – including restaurants – as part of his strict bail conditions.

      “Not even a Chinese restaurant, Mr Blencke. You’ll be dining on take away only,” Her Hnour said. 

      He will also have to report three times per week to the local police station.

      The property Blencke is staying at is an award winning 146 hectare timber plantation in the Byron Bay Hinterland. The luxury property featured as one of two filming locations for the Hulu mini-series Nine Perfect Strangers, starring Nicole Kidman, Melissa McCarthy and Luke Evans.

      According to his LinkedIn, Blencke specialises in providing bespoke investment management solutions for high net worth clients.

      Mr Blencke is a keen sailor, according to his LinkedIn, “having competed at an Olympic level in the early 1990s, and continues to compete in the sport at national and international regattas”.

      He was previously the chairman of Art Month Sydney, a not-for-profit dedicated to promoting contemporary art.

      Assault Lawyers

      Section 61 of the Crimes Act 1900 (NSW) sets out that common assault is an act whereby a person intentionally or recklessly causes another person to apprehend immediate and unlawful violence.

      If the offence occurs within a domestic relationship, then police will usually apply for an AVO as well. Leading AVO lawyers will be able to advise you as to how to get an AVO dropped.

      To establish a common assault charge, the prosecution must prove the following:

      1. You committed an act; and
      2. This act caused immediate and unlawful violence to the alleged victim, OR caused the alleged victim to apprehend immediate and unlawful violence; and
      3. You had the requisite intent (recklessness is sufficient)

      If you believe you may have a defence to common assaultor are unsure, our assault solicitors can give you immediate advice on all of the possible defences open to you. Some defences to assault in NSW include:

      1. Self defence: Your actions were a reasonable response in the circumstances as you perceived them.
      2. No hostility: You did not have the intent to cause immediate and unlawful violence. This could be if your touching of the alleged victim was an accident or socially acceptable/necessary contact (eg. touching someone to get their attention).
      3. Consent: The alleged victim consented to the touching
      4. Duress: You were forced to commit the assault
      5. Necessity: Your actions were necessary in the circumstances

      There is a defence of ‘lawful correction’ if you hit your child to discipline them. However, your actions must be reasonable. Hitting your child lightly with minimal pain would likely fall into this defence. However, if your child suffers marks or bruising, this would likely not be considered reasonable.

      Hitting your child with an object, such as a wooden spoon may not be reasonable if it causes significant pain and/or any lasting marks. 

      It is important to obtain advice from a specialist assault lawyer who has successfully defended hundreds of these charges. You can view some recent assault cases here. Call Astor Legal on (02) 7804 2823. Or, you can email info@astorlegal.com.au.

      We have offices throughout the Sydney metropolitan area where you can speak to our Sydney CBD, Liverpool or Criminal Lawyers in Parramatta. We can arrange a conference for you with a Law Society Accredited Specialist in assault offences.

      While jail is a possibility, only 6% of offenders are sentenced to full-time imprisonment. More significantly, the overwhelming majority of offenders received convictions for this offence. The rate of convictions increases for domestic violence common assault. If you are bail refused by police, experienced bail application lawyers in Sydney can assist with having you released.

      If this is your first offence, you will generally be dealt with more leniently by the Court. A list of 10,728 first offence Common Assault sentencing cases in the Local Court suggests that you will be far more likely to receive a Section 10 dismissal if you have no prior record. However, there are still a large amount of individuals who are convicted despite it being their first offence.

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