Steven Mercael, Principal Lawyer of Criminal Lawyers Group, obtains a no conviction result for client charged with serious assault charges at Liverpool Courthouse, NSW – August 2025.
Our client faced domestic violence charges after a heated confrontation with his brother, prompted by discovering his wife had been assaulted by his brother, has been spared a conviction following a hearing at Liverpool Local Court.
The case drew community interest due to its highly personal and complex circumstances, which were carefully examined by the Presiding Magistrate, who ultimately decided not to record a conviction against the man, citing the mitigating factors pressed by Steven Mercael on sentence of excessive self-defence, provocation and his otherwise good character.
The defendant, who cannot be named for legal reasons, was charged with assault occasioning actual bodily – domestic violence-related, following an incident at his home in western Sydney earlier this year. The court heard that the altercation occurred shortly after he learned that his brother had physically assaulted his wife. His wife did not disclose the assault due to fear of her husbands potential violent response.
According to the facts presented in court, the defendant returned home in a highly distressed emotional state after confirming his suspicions about his brother’s conduct. What followed was described as a brief and uncharacteristic outburst during a confrontation with his brother, which led to police being called to the scene.
Police alleged that during the argument, the defendant raised his voice and made physical contact with his brother by smashing his face against a wall and then delivering a series of punches to his head . Significant injuries were sustained, and the situation deescalated shortly after police arrived.
The defence submitted that the defendant’s actions were spontaneous, emotional, and out of character, and that he had never previously been involved in any form of violence or criminal behaviour. He had otherwise maintained a clean record and was described as a hardworking man and devoted father.
In court, the defendant expressed deep remorse for the incident and acknowledged that he allowed his emotions to get the better of him after learning about his brother’s violent behaviour. He also confirmed that he had since sought counselling and taken steps to better manage his emotional wellbeing.
The prosecution acknowledged the emotional complexity of the case but argued that a message needed to be sent about the seriousness of domestic violence-related offences. However, the magistrate ultimately accepted the defence’s submissions and ordered that no conviction be recorded under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
The ruling means the defendant avoids a criminal conviction and will not have the offence on his record, although the court emphasised the importance of continued counselling and conflict resolution efforts.
Legal representatives for the defendant Steven Mercael, welcomed the decision, noting it was a just outcome given the extraordinary circumstances.
“This case was never about habitual violence,” said Mr Steven Mercael, Principal Lawyer. “It was about a man reacting emotionally and in a misguided way upon discovering someone close to him had betrayed and hurt the person he loves. The court recognised that distinction today.”
No charges have yet been laid against the defendant’s brother, but police have confirmed that investigations into those allegations are ongoing.
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