Domestic Violence Charge Reduced: International Student Achieves Rare Non-Conviction

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Case Background: International Student Charged with Domestic Violence and Injury Allegations

Our client, an international student studying in Australia, faced a serious domestic violence charge for Assault Occasioning Actual Bodily Harm. Police alleged that during a physical confrontation, our client caused injury to the complainant. To protect the complainant, an Apprehended Domestic Violence Order (ADVO) was applied for by police.

Given the severity of the allegations, the charge carried serious implications for our client’s freedom, reputation, and future prospects, including potential impact on his student visa.

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Relevant Laws: Assault Occasioning Actual Bodily Harm and ADVO Obligations

Domestic violence is treated with utmost seriousness by both Parliament and the courts. Assault Occasioning Actual Bodily Harm is a serious indictable offence carrying a maximum penalty of 5 years’ imprisonment.

Under section 4A of the Crimes (Sentencing Procedure) Act 1999, a court must ordinarily impose a sentence of full-time detention or a supervised order for domestic violence offences unless a different approach is clearly more appropriate.

Section 39 of the Crimes (Domestic and Personal Violence) Act 2007 also provides that a court must make a final ADVO if a person pleads guilty to or is found guilty of a serious offence, with the default period being 2 years. Exceptions exist if the court is satisfied that a final order is not required.

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Case Outcome: Serious Charge Reduced, Non-Conviction Bond Obtained, No Final ADVO

Brightstone Defence Partner, Alex Cao, conducted a detailed review of the evidence, including the police Facts Sheet, CCTV footage, and mobile phone recordings. The Facts Sheet, which forms the basis for sentencing, was inconsistent with the available evidence, particularly given the incident involved multiple parties and ongoing actions.

Representations were submitted to the police proposing a plea to a lesser charge of Common Assault (maximum 2 years imprisonment) in exchange for withdrawal of the more serious Assault Occasioning Actual Bodily Harm charge. After approximately six weeks, police accepted the representations, and the matter proceeded to court for sentence.

To prepare the client for court, Brightstone Defence ensured he understood the sentencing process and obtained mitigating materials, including a letter of apology, character references, and a psychological report.

At the sentencing hearing, Special Counsel Ernest Chan assisted the client, addressing both the criminal charge and the proposed Final ADVO. Key submissions included:

• The complainant’s actions had been provocative, contributing to the incident.
• Our client had been in Australia since 2020 with no prior criminal history.
• He had fully cooperated, attended psychological sessions, and demonstrated remorse through an early guilty plea.
• The original charge had been withdrawn, warranting a full 25% plea discount.
• There was significant practical value, avoiding a lengthy hearing involving multiple witnesses and CCTV review.

Following submissions, the Magistrate agreed with the defence:

• The client received a non-conviction bond, avoiding a criminal record.
• The Final ADVO was declined, as one was not required under the law given the absence of further incidents, the relationship circumstances, and the client’s rehabilitation efforts.

This outcome is rare and significant, particularly because domestic violence offences are treated seriously and general and specific deterrence usually weigh heavily in sentencing. Achieving both a non-conviction and dismissal of a Final ADVO highlights the value of early, expert legal representation.

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Why This Case Matters

This case demonstrates the importance of strategic and early legal advice, especially for international students facing domestic violence charges. Expert representation ensured:

• Accurate assessment of evidence.
• Effective negotiation with police.
• Protection of both criminal and immigration outcomes.

Without early intervention, serious domestic violence charges can have lasting consequences, including imprisonment, criminal records, and visa complications.

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International Students Facing Domestic Violence Charges: Expert Defence from Brightstone Defence

If you are an international student charged with a domestic violence offence, including assault or injury-related charges, early legal advice is crucial.

At Brightstone Defence, we provide strategic and expert criminal defence tailored to your situation, ensuring your legal rights, freedom, and future prospects are protected throughout the process.

Contact our criminal lawyers in Sydney today for confidential, expert advice on complex criminal matters.