Client Walks Free After Serious Stabbing Charge Withdrawn in Byron Bay Court
In a recent matter before Byron Bay Local Court, a woman accused of stabbing her ex-partner has avoided full-time imprisonment after a serious charge of recklessly causing grievous bodily harm was withdrawn following extensive pre-hearing negotiations.
The client had also been charged with assault occasioning actual bodily harm, which proceeded to sentence. The court ultimately imposed a good behaviour bond, concluding a case that began with the risk of a custodial outcome.
The Charges
Police laid two charges against the client:
Recklessly cause grievous bodily harm under Section 35(2) of the Crimes Act 1900 (NSW)
Assault occasioning actual bodily harm under Section 59(1) of the Crimes Act 1900 (NSW)
These charges stemmed from an incident involving a knife, which police alleged amounted to a stabbing.
What Changed the Course of the Case
The real breakthrough came long before the hearing date. We initiated formal negotiations with the police — a process often overlooked by defendants but absolutely critical in cases like this.
Our position was that the incident could not be properly understood without recognising the broader pattern of domestic violence our client had experienced at the hands of the complainant.
Key Evidence: Domestic Abuse and Psychological Trauma
At the time of the alleged offence, our client was the protected person under an active ADVO against the complainant as a result of violence perpetrated against her — a point entirely missing from the original police fact sheet.
We also engaged an experienced psychologist, who prepared a comprehensive report detailing the client’s complex trauma history and the volatile nature of her relationship with the complainant.
This material became central to our argument that the prosecution’s initial facts did not fairly reflect the context of the incident, and moreover, that our client had an argument of Self Defence available.
Outcome: Major Charge Withdrawn
As a result of our negotiations:
The charge of recklessly causing grievous bodily harm was withdrawn.
The police facts were amended significantly from a ‘wound’ to a ‘laceration’ and detailed the attack upon our client to which she felt she was defending herself.
Our client entered a plea to assault occasioning actual bodily harm, the ongoing abuse towards our client was considered by the court, thereby resulting in a non-custodial penalty.
- She received a good behaviour bond, avoiding what may have been a devastating custodial outcome.
Understanding the Law
Recklessly Causing Grievous Bodily Harm
This offence, explained here, involves causing a serious injury without intending the result, but in circumstances where the accused was reckless to the harm that might be caused.
Maximum penalty: 10 years’ imprisonment.
Assault Occasioning Actual Bodily Harm
Also covered in our assault defence page, this charge involves causing more than trivial injuries — such as bruises or swelling — during an assault.
Maximum penalty: 5 years’ imprisonment.
Why Police Negotiations Matter
Many clients come to us after being told by others that “you just have to let it run its course.” But this case demonstrates the value of early intervention, particularly when you’re able to present material that changes the prosecution’s understanding of the facts.
We frequently negotiate successful outcomes where the original facts misrepresent the true dynamics of domestic abuse — especially where our client is wrongly viewed as the aggressor.
Learn more about our approach to domestic violence defence and how we’ve achieved results like these.
Related Cases and Articles
Need Legal Advice?
If you or someone you know is facing charges of assault occasioning actual bodily harm or recklessly causing grievous bodily harm, don’t wait.
See why We’ve been recognised as NSW’s best domestic violence defence lawyer by exploring real results, legal guides, and our approach to domestic violence cases.
We offer a confidential, no-obligation free consult for anyone charged with a domestic violence-related offence.
Our Final Thoughts
This case proves that the law does not operate in a vacuum. With the right strategy, even the most serious allegations can be dismantled — not by chance, but by a defence team that understands both the law and the people behind it.
