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A man has been charged with common assault after an alleged altercation with a Liberal Party volunteer.

The incident occurred in the New South Wales Blue Mountains over the removal of a political sign.

The complainant was a 53-year-old male who had his wife and young daughter in a car at the time of the assault.

Incident Over Political Signage

53-year-old Liberal volunteer Kevin Birch claimed he was driving in the town of Lawson when he saw a man removing a corflute. Mr Birch told police that he approached the man.

Officers said that an argument ensued between the pair over the removal of a sign for Liberal candidate Sarah Richards.

Another man allegedly pulled up in a car nearby and intervened by assaulting Birch.

Liberal Senator for NSW, Hollie Hughes, described the incident as unacceptable.

“A 53-year-old man who had his wife and 12-year-old daughter in the car was violently assaulted. This sort of violent behaviour has no place in Australian politics,” she said.

“The tone of this campaign has certainly been concerning when you look at some of the assaults that have taken place, but also the vandalism that we’ve seen occur across the country. It’s absolutely disgusting, this sort of behaviour, and it needs to be called out for what it is.”

Charged with Common Assault

A 25-year-old was arrested and charged with common assault and assault occasioning actual bodily harm over the incident.

He was granted conditional bail and is to appear at Katoomba Local Court in June.

Officers explained that inquiries were continuing and they were searching for the man who allegedly removed the corflute.

The incident follows a trend of political signs being defaced and removed in the lead up to the federal election.

Police are also investigating reports that a poster for the Green’s Senate candidate David Shoebridge was ripped down and stomped on by a group appearing to wear Liberal campaign gear. This was said to have occurred in the Sydney seat of Wentworth.

The Australian Electoral Commission (AEC) revealed that a special taskforce would investigate allegations that the campaign posters of some Independent candidates were being tampered with in breach of electoral laws.

Further, campaign material of Independent candidates including Zali Steggall, Sophie Scamps and Georgia Steele were allegedly altered to suggest they are from The Greens.

Common Assault Charges in Sydney

A first offence of common assault will generally be dealt with more leniently by the Court. A list of 10,728 first offence common assault dv 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. That is why it is important that you contact experienced Sydney assault lawyers so that they can prepare your case in such a way that you will be in the best position possible to receive a Section 10. Call Astor Legal on (02) 7804 2823 or email us at info@astorlegal.com.au.

While it is ultimately up to the Magistrate or Judge as to what domestic violence sentence you will receive, there are sentencing statistics that can be helpful in providing some guidance. We have obtained a list of 27618 cases in the Local Court which provide a range:

• Section 10 dismissal: 27%
• Fine: 15%
• Section 9 good behaviour bond: 41%
• Community Service Order: 3%
• Section 12 suspended sentence (no longer used for NSW offences): 5%
• Intensive Corrections Order: 1%
• Home Detention: 0%
• Full Time Imprisonment: 6%

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 common assault domestic violence charges. Contact us now so that we can help you avoid a criminal conviction.

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.