Section 10 for Assault Occasioning Actual Bodily Harm 

Our client was a 41-year-old software Engineer residing in Parramatta. He was married with two children. 

Police charged him with assault occasioning actual bodily harm after receiving a complaint from his wife. It was alleged that the pair had engaged in an argument over financial issues which resulted in our client punching the complainant three times in the face. The next day she attended her GP and a record was made of a significant black eye and lump on her forehead.

Our client instructed us he wanted to enter a plea of guilty but avoid a conviction. 

We immediately got to work preparing the case. First, we enrolled our client with a psychologist for anger management counselling. After completing a number of sessions we requested a report be provided to us for a Section 14 Application to be pursued.  

Next, we obtained letters from his family and friends detailing his good character, remorse and impact that a conviction may have on his employment. This was in the form of an employment contract which explicitly set out that he would be terminated if he received a criminal conviction.

We attended Burwood Local Court with our client and made lengthy submissions in support of no conviction being recorded. While the Magistrate initially refused the Section 14 Application, His Honour was persuaded that this was a case where a section 10 for assault occasioning actual bodily harm was appropriate.

Our client was ultimately sentenced to a conditional release without conviction for a period of two years. This means that he has no criminal record and can move on with his life.