Sentencing Submissions helps man avoid imprisonment for assault

A Sydney man charged with affray and assault walked away with an intensive corrections order (ICO).  This was thanks to the sentencing submission made to the court by Criminal Lawyer Steven Mercael.

Our client was charged with assault occasioning actual bodily harm, common assault and affray. After successful negotiations with the prosecutors by Criminal Lawyer Steven Mercael, our client accepted to plead guilty to a single charge of assault occasioning actual bodily harm and the balance of charges were withdrawn. The case relied upon CCTV footage which clearly depicted the assault however Mr Mercael was able to convince the prosecutors that at times after the initial assault his client was acting in self-defence which resulted in successful plea negotiations. Further, Mr Mercael subpoened the footage from inside the pub which showed that the alleged victims had consumed a significant amount of alcohol and therefore their version of events that we’re not captured on CCTV may not be credible.

Assault occasioning or causing actual bodily harm is an offence under section 59 of the Crimes Act 1900 (NSW) and is one of several types of assault charges. It involves the intentional or reckless use of force or the threat of force against another person without their consent or that they didn’t agree to. Examples of this can include kicking or punching causing an injury i.e. a bruise or cut etc.

 

In order to be convicted for an assault occasioning actual bodily harm, the prosecution must prove beyond a reasonable doubt that:

1. You used physical force against someone else; and
2. You acted intentionally or recklessly, without the other person’s consent.
3. Your actions did not have a lawful excuse.
4. Your actions resulted in actual bodily harm, that is an injury.

The maximum penalty for an assault occasioning actual bodily harm is 2 years imprisonment in the local court. In the district court the penalty increases to 5 years.

This defence can be employed if you can show that you were acting in self-defence. To do so, you must be able to show that you were protecting yourself, someone else or your property from a threat. Your response must be reasonable and proportionate to the threat itself in the circumstances as he or she perceives them.

 

s418 Self-defence–when available

(1) A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.

(2) A person carries out conduct in self-defence if and only if the person believes the conduct is necessary–(a) to defend himself or herself or another person, or
(b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
(c) to protect property from unlawful taking, destruction, damage or interference, or
(d) to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass,
and the conduct is a reasonable response in the circumstances as he or she perceives them.

 

Our client unfortunately had a history of violence and had previously served jail sentences. It was always going to be difficult to keep him out of jail, however, with successful negotiations and strong preparation our client avoided a full-time jail sentence by receiving an Intensive Corrections Order.

Our client avoided jail by receiving an intensive corrections order (ICO). An ICO is a prison sentence of two (maximum three) years or less that is served in the community, rather than attending jail. There are always a set of conditions or obligations attached to an ICO which, if not met, could result in a breach of an ICO, which may result in the immediate incarceration and the person being brought before a Parole Board at a future date. An ICO is therefore considered the second most serious of penalties with imprisonment being the only more severe punishment.

There are many conditions that can be imposed as part of an Intensive Corrections Orders. Some of these include:

• House Arrest.
• Curfew.
• Community service.
• Non-association.
• Abstain from drugs and alcohol.
• Obtaining psychological treatment etc.

Our Criminal Lawyers are amongst the best in Sydney. You can contact us today here. We specialise only in Criminal Law Cases and guarantee only senior representation. Don’t do it alone, call us today. To Read Up on Steven Mercael, click here.