Charges of Assault Occasioning Actual Bodily Harm Withdrawn
Date: 18 August 2025
Location: Sydney, NSW
In a significant win for justice and due process, Steven Mercael, Principal Solicitor at Criminal Lawyers Group, has successfully defended a client charged with Assault Occasioning Actual Bodily Harm (AOABH) in a domestic violence context. The charges were formally withdrawn and dismissed in the Local Court following strategic legal advocacy and early intervention.
Background of the Case
The client, a Sydney resident with no prior criminal record, was facing serious allegations under Section 59 of the Crimes Act 1900 (NSW) for assault occasioning actual bodily harm, allegedly committed against a former partner during a private domestic dispute.
If convicted, the client was facing up to 5 years ‘ imprisonment and the imposition of a Final Apprehended Domestic Violence Order (ADVO)—both of which would have had devastating consequences for his family life, employment, and future.
How the Charges Were Dismissed
Upon taking instructions, Mr Steven Mercael and his team at Criminal Lawyers Group acted swiftly to:
- Review police brief of evidence
- Obtained and presented favourable material, including text messages and footage
- Engage in targeted negotiations with the police prosecutor
- Highlight inconsistencies in the complainant’s statement and absence of corroborating evidence
Following these representations, the prosecution withdrew the AOABH charge.
The court formally dismissed the matter, and the client avoided both a criminal conviction and the imposition of a Final ADVO.
Comment from Steven Mercael
“Our client was facing a very serious allegation that could have changed the course of his life. From day one, we knew the case did not stack up. We worked quickly to gather the right evidence, identify the flaws in the police brief, and present a compelling argument for withdrawal,” said Steven Mercael, Principal of Criminal Lawyers Group.
“This outcome highlights how essential it is to have strong legal representation from the outset—especially in domestic violence matters, where police are under a mandatory charge policy even in weak or disputed cases.”
Why Early Legal Advice Makes All the Difference
In domestic violence cases involving AOABH, police are required to lay charges even when the complainant does not wish to proceed. These matters often proceed based on initial statements or incomplete evidence. Without early legal intervention, many individuals risk convictions that could impact:
- Employment or security clearances
- Firearms and professional licences
- Parenting or family court matters
- International travel and immigration status
At Criminal Lawyers Group, early case assessment and targeted negotiations with police are a key part of our defence strategy—often leading to charges being withdrawn, downgraded, or dismissed entirely.
Need Expert Legal Help?
If you have been charged with Assault Occasioning Actual Bodily Harm (AOABH) or served with an ADVO, you don’t have to face it alone. With experience, discretion, and a proven record of results, Steven Mercael and the team at Criminal Lawyers Group will fight to protect your rights and future.
📞 Contact Criminal Lawyers Group today for a confidential consultation. We serve clients across Sydney and New South Wales and are available 24/7 for urgent legal assistance.