Charge of common assault, no criminal conviction recorded

R v EH

EH was charged with one count of ‘common assault’, contrary to the Crimes Act 1900. A charge of common assault carries a maximum term of imprisonment of two years. Christopher Cole represented EH and a plea of guilty was entered at the Burwood Local Court.

The presiding magistrate accepted representations made on behalf of EH and sentenced her pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1995. No conviction was recorded and instead EH was placed on a Conditional Release Order to be of good behaviour for 18 months. This was a fantastic result for EH as she was able to maintain a clear criminal record.

Charged with 'assault occasion actual bodily harm' and 'common assault' on a mother and daughter in the local park, with a third eye witness giving evidence, pleads not guilty

TP, a 42 year old male, was charged with assault occasion actual bodily harm / alternately common assault for allegedly punching a woman in the chest, following which she alleged a breast implant was ruptured. TP was further charged for allegedly dragging the daughter of the woman along a park bench, so that her earring was ripped from her ear. A third person known to the complainants gave supporting evidence. TP pleaded not guilty.

Andrew Wright represented TP. He successfully persuaded the Magistrate that the prosecution case lacked corroboration, contained gaps, and was inconsistent. A defence case was called relying on evidence from TP’s wife. In the result, all charges were dismissed, and TP was found not guilty.