Tayla Regan successfully defended a Sydney man accused of assaulting his ex-partner following their breakup. Strategic legal preparation and expert medical evidence turned the case around — with all serious charges withdrawn.
Assault Charge Withdrawn in Downing Centre Local Court
It was another win at the Downing Centre Local Court, where we secured withdrawal of a serious assault charge against our client — a Sydney man recovering from spinal surgery.
He had just ended a relationship when his ex-partner accused him of violently assaulting her — claiming he threw her to the floor and placed her in a headlock. She also alleged a breach of an Apprehended Domestic Violence Order (ADVO) via a phone call he made after the conditions had been put in place.
The consequences of these allegations were immense. Had the matter proceeded to hearing and resulted in a conviction, it would have impacted our client’s ability to work in his field and travel overseas. It was vital to act swiftly and with precision.
The Charges
Police laid the following charges against our client:
Common assault – Section 61, Crimes Act 1900 (NSW)
Breach of ADVO – Section 14, Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Common assault, even when no physical injuries are visible, is treated seriously in NSW courts. It is often pursued with vigour, especially in the context of a domestic relationship. The breach of ADVO, while less serious in this case, still carried the potential for a criminal record.
What Changed the Course of the Case
Our client was still using crutches and recovering from recent spinal surgery at the time of the alleged incident. The idea that he had the physical capacity to commit such a violent assault simply didn’t add up — and if he had done so, he would have suffered serious pain and a likely setback in his recovery.
We immediately recognised that this case would hinge on medical evidence. Early in the matter, we obtained hospital discharge summaries, imaging reports, and post-operative treatment notes. These alone painted a clear picture, but we wanted more.
Key Evidence: Expert Medical Report
We briefed a leading neurosurgeon, experienced in post-operative spinal recovery cases, to review our client’s condition and the allegations.
The expert report was decisive:
Our client was physically incapable of performing the alleged acts.
Attempting to do so would have caused significant pain and worsened his condition.
His recovery showed no signs of disruption, supporting his innocence.
This was not a theoretical report — it was grounded in a detailed understanding of the injury, surgical technique used, and post-operative vulnerability.
We served the report on the prosecution weeks in advance of the hearing. Alongside this, we made formal representations proposing that the assault charge be withdrawn. We accepted that the breach of ADVO occurred — a phone call made in breach of no-contact conditions — and offered a plea to that lesser offence.
Outcome: Assault Charge Withdrawn
As a result of our approach:
Common Assault charge withdrawn before the hearing.
No conviction recorded for the breach of ADVO.
The client avoided a criminal record, and we preserved his medical privacy, professional reputation, and legal standing. The outcome ensured that no negative finding was made against him for violence — which could have otherwise been used in family court proceedings.
Understanding the Law
Common Assault – Section 61, Crimes Act 1900 (NSW)
This offence covers a wide range of conduct — from physical harm to threats of violence — and carries up to 2 years’ imprisonment. Learn more about how to defend a domestic assault charge in NSW.
Breach of ADVO – Section 14, Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Even seemingly minor contact can lead to charges. Read our article about penalties for breaching an ADVO in NSW.
Tayla’s Insight
“This case shows the power of proactive legal defence. Rather than making empty submissions, we built an evidence-based argument that the police couldn’t refute. That made all the difference. It’s also a reminder of how important it is to choose the right legal team early — our client came to us after his first lawyer failed to take meaningful steps to challenge the charges.” – Tayla Regan – Principal Lawyer
📞 Need help with your own matter?
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