Type of Allegation
Domestic Violence Offending
Client Role
Accused – middle-aged woman, ex-partner of the complainant
Court
Background: Assault Occasioning Actual Bodily Harm Charge
Our client, a middle-aged woman with no prior criminal history, was charged with Assault Occasioning Actual Bodily Harm under section 59 of the Crimes Act 1900 (NSW) following a domestic incident involving her former partner.
This offence carries a maximum penalty of 5 years’ imprisonment and is treated seriously by courts, particularly in a domestic violence context. A conviction for this offence can result in long-term consequences, including damage to reputation, employment difficulties, and restrictions on travel.
From the outset, it was of critical importance to our client that she retain her clean criminal record, having never previously been charged or required to appear before a court.
Early Legal Advice: Exploring All Available Options
Upon engaging Australian Law Advocates, the client was advised in detail about the possible outcomes available for an offence of this seriousness.
We explained that obtaining a Conditional Release Order Without Conviction for an Assault Occasioning Actual Bodily Harm charge is not easily achieved, particularly where the prosecution alleges injury.
Considering a Section 14 Mental Health Application
During our early conferences, it became apparent that the client had been experiencing significant mental health difficulties in the lead-up to the offending.
We discussed advancing a section 14 Mental Health Application under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
While alcohol was involved in the offending — a factor that can complicate section 14 applications — the client wished to pursue this option in an effort to avoid a criminal penalty.
Forensic Psychological Assessment
To properly assess the viability of the section 14 application, we arranged for the client to be assessed by a Forensic Psychologist.
Purpose of the Assessment
The psychologist was asked to determine whether the client was labouring under a mental health impairment at the time of the offence and to provide the Court with an expert opinion on her condition and rehabilitation prospects.
Findings of the Psychologist
The forensic report identified that the client:
Suffered from severe alcohol dependence
Was experiencing depression
Had underlying mental health issues that contributed to her behaviour at the time of the offending
This report became a central piece of evidence in the proceedings.
Section 14 Application Outcome
Submissions were prepared and advanced seeking that the matter be dealt with under section 14, which would have resulted in a dismissal of the charge and a treatment plan rather than a criminal sentence.
However, the presiding Manly Local Court Magistrate ultimately determined that, due to the involvement of alcohol in the offending, a section 14 diversion was not appropriate in this case.
Following this ruling, the client entered a guilty plea to the charge.
Sentencing Strategy: Using Mental Health Evidence Effectively
Although the section 14 application was unsuccessful, the forensic psychologist’s report remained highly relevant for sentencing purposes.
Key Sentencing Submissions
At sentencing, we highlighted:
The client’s complete lack of prior criminal history
Her previously good character
Her excellent prospects of rehabilitation
The significant insight demonstrated through psychological assessment
The role her mental health and alcohol dependence played in the offending
We submitted that recording a conviction would be disproportionate in circumstances where the offending was out of character and the client had taken steps to address the underlying issues.
We urged the Magistrate to impose a Conditional Release Order Without Conviction, allowing the client to remain under supervision while preserving her clean record.
Outcome: Conditional Release Order Without Conviction
The Magistrate accepted the defence submissions.
✅ The client was sentenced to a Conditional Release Order Without Conviction
✅ The order was imposed for a period of 12 months
✅ No conviction was recorded
✅ The client retained a clean criminal record
This outcome ensured that the client could move forward without the lifelong consequences of a criminal conviction, while still being held accountable under a structured court order.
Why This Outcome Matters
Assault Occasioning Actual Bodily Harm charges commonly result in convictions, even for first-time offenders.
This case demonstrates that with early legal advice, expert psychological evidence, and carefully structured submissions, it is possible to achieve a non-conviction outcome — even where a section 14 application is unsuccessful.
Tayla’s Insight
“Even when diversion isn’t granted, mental health evidence can still be decisive at sentencing. This case shows how important it is to prepare for every possible outcome.”
Charged with Assault Occasioning Actual Bodily Harm in NSW?
If you’ve been charged with Assault Occasioning Actual Bodily Harm, early advice is critical — particularly if you have no prior convictions and wish to protect your criminal record.
The team at Australian Law Advocates regularly appears in Manly Local Court and across NSW, securing non-conviction outcomes in serious domestic violence matters.
