When represented by another firm, our client was found Guilty after a Defended Hearing of an offence of Assault occasioning Actual Bodily Harm after biting his 2 year old daughter.
He received a criminal record and was sentenced to a Community Corrections Order by the local court magistrate.
Having a conviction on his record meant that he could no longer work in his desire field of work, and it was very important for our client to overturn the magistrates decision to convict him.
After speaking with our Principal Lawyer Tayla Regan, he received advice to file a Severity Appeal in the Newcastle District Court.
We immediately filed an appeal within the required 28 days. Ms Regan provided her client with a lengthy ‘to-do’ list of materials that would be extremely beneficial on the appeal. These were documents that were never tendered in the local court by his previous lawyer.
These documents included a letter from himself and his family, letters regarding his childhood, his mental health, his study and employment.
On the day of the Appeal, the Judge read an extensive bundle of materials that had been filed by Ms Regan on her client’s behalf.
In addition, Ms Regan called oral evidence from her client. This meant that her client took the witness stand, Ms Regan asked him questions and he then gave evidence under oath as to his circumstances and the impact that the conviction has had on him and his family. This is not a requirement on appeal, however Ms Regan advised our client that it would increase his chances of getting the outcome he wished to achieve. In this case, it was an excellent decision and allowed the Judge benefited highly from hearing directly from our client.
After considering all materials, the sworn evidence, and lengthy submissions from our Principal, the Judge was convinced to overturn the decision made in the Local Court.
The Judge imposed a Conditional Release Order good behaviour bond, without any criminal record. This is a very difficult result to achieve given the age of the victim, the fact that he was a parental figure and that the offending incurred actual bodily harm. However, with meticulous preparation and careful guidance, Ms Regan made the outome achievable for our client.
