Background: Facing Serious Assault Charges with Risk of Imprisonment
Our client was charged with assault occasioning actual bodily harm under section 59 of the Crimes Act 1900 (NSW).
This is a serious indictable offence carrying a maximum penalty of up to five years’ imprisonment, especially in a domestic or neighbourhood context involving multiple blows or injuries.
The incident involved serious harm — including a punctured lung, multiple rib fractures, and kicks to the head — which made a custodial sentence a real likelihood.
When the client first contacted Australian Law Advocates, his hearing was less than three weeks away, and he had not received any prior legal advice about how to approach his case or evaluate its strengths and weaknesses.
Legal Assessment: Identifying Key Issues and Defence Strategy
Once engaged, Ms Rodrigues conducted a detailed review of the evidence and quickly identified the key issues that would influence the Court’s view of culpability and sentencing.
Through a series of in-depth conferences, she obtained a clear picture of the context of the altercation and the factors that led to the incident.
Although the injuries were serious, Ms Rodrigues recognised important mitigating elements that could shift the Court’s focus toward rehabilitation rather than punishment.
The client was advised on the risks, likely penalties, and available sentencing options under the Crimes (Sentencing Procedure) Act 1999 (NSW).
After understanding the legal position, he chose to proceed directly to sentencing rather than contest the charge, allowing the defence to focus on mitigation.
Sentencing Submissions: Arguing for Rehabilitation Over Custody
At the hearing, Ms Rodrigues presented detailed sentencing submissions highlighting that imprisonment should remain a last resort under section 5(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
She explained that while the offence involved serious violence, the client himself had been targeted by the victim because of his sexual orientation, which significantly contextualised the incident.
Evidence of the client’s remorse, willingness to engage in counselling, and support network within the community was also tendered to the Court.
The defence submission emphasised that continued supervision and structured community work would be more effective for rehabilitation and public safety than incarceration.
Outcome: Community Corrections Order Imposed — Jail Time Avoided
Despite the seriousness of the injuries and the client’s prior criminal history, the Court accepted Ms Rodrigues’ submissions.
✅ The client was sentenced to a two-year Community Corrections Order (CCO).
✅ He was required to complete 84 hours of community service and remain under Community Corrections supervision.
This meant the client avoided a term of full-time imprisonment and was able to remain in the community, focus on rehabilitation, and rebuild his life under structured conditions.
Tayla’s Insight
“This case shows the power of timely legal advice and thorough preparation. Even where the offence is objectively serious, with the right submissions and a genuine plan for rehabilitation, courts can be persuaded to impose a community-based sentence rather than imprisonment.”
Facing an Assault Charge or Risk of Jail?
If you or a loved one have been charged with assault occasioning actual bodily harm or another violent offence, you should seek legal advice immediately.
Early preparation and strong advocacy can make the difference between a custodial sentence and community-based rehabilitation.
