One of our recent clients approached Brightstone Defence after receiving advice from a senior criminal defence lawyer in his area. The lawyer had reviewed the case and concluded that the best possible outcome was to avoid a custodial sentence. When the client expressed that he hoped to maintain a clean criminal record, the lawyer declined to represent him, believing that such an outcome was unattainable given the severity of the allegations.
The case involved a serious domestic dispute between the client and his then-partner, which resulted in the police laying three charges:
- Intentionally choking the complainant without consent,
- Attempting to cause grievous bodily harm by allegedly targeting the eyes,
- Assault occasioning actual bodily harm, resulting in visible injuries to the complainant’s face and body.
Given the gravity of the injuries and the nature of the allegations, the original assessment that jail time was likely was not unreasonable. However, the client sought a more determined legal strategy and came to Brightstone Defence for a second opinion.
Strategic Defence Planning: A New Legal Approach
Upon receiving the case, Brightstone Defence’s criminal law team, led by Principal Lawyer Alex Cao, conducted a comprehensive analysis of the police facts and witness statements. While acknowledging the seriousness of the charges, our team identified critical evidentiary weaknesses and procedural gaps in the prosecution’s brief.
We advised the client to initially plead not guilty, preserving the opportunity for negotiations with the prosecution. This approach allowed our lawyers to engage in strategic discussions while continuing to prepare a robust defence.
Negotiation and Case Resolution: A Tactical Win
As the matter progressed towards the hearing, our team initiated plea negotiations based on key inconsistencies in the complainant's statements and lack of corroborating evidence for the more serious allegations.
One week before trial, we successfully negotiated with the prosecution to withdraw the first two charges including the most serious allegation of choking and to amend the facts sheet to accurately reflect the disputed sequence of events. The client ultimately entered a plea of guilty to the third charge: assault occasioning actual bodily harm.
Despite the prosecution seeking a custodial sentence, Brightstone Defence presented a strong sentencing submission, citing binding authority from the ACT Supreme Court. Our submissions focused on our client’s genuine remorse, lack of prior convictions, and his ongoing rehabilitation efforts.
Outcome: No Conviction Recorded
The court accepted our arguments and, against prosecutorial recommendations, imposed a non-conviction order under section 17 of the Crimes (Sentencing) Act 2005 (ACT). This outcome preserved our client’s clean criminal record and the exact result he had initially hoped for, and one that many believed was impossible.
This case underscores the importance of comprehensive case preparation, strategic negotiation, and experienced representation when facing domestic violence allegations and AVO-related charges.
Frequently Asked Questions (FAQ)
- What is an AVO and how does it relate to criminal charges?
An Apprehended Violence Order (AVO) is a civil order designed to protect individuals from violence, threats or harassment. It can accompany criminal charges, especially in domestic violence cases.
- Can domestic violence charges be withdrawn?
Yes, if the evidence is insufficient or there are legal flaws in the prosecution’s case, charges can sometimes be withdrawn following negotiation.
- Is it possible to avoid a criminal record after pleading guilty?
In certain circumstances, courts may impose a non-conviction order, particularly for first-time offenders, if it is in the interest of justice.
- Why should I hire a criminal defence lawyer for an AVO matter?
AVO proceedings can have significant legal and personal consequences. A skilled defence lawyer can challenge the evidence, negotiate with prosecutors, and advocate for your interests in court.
Need Help with AVO or Domestic Violence Charges?
If you’re facing domestic violence allegations or an AVO, don’t assume the worst. At Brightstone Defence, our experienced criminal lawyers understand how to identify weaknesses in the prosecution’s case and negotiate for the best possible outcome. Every case deserves a thorough, strategic defence and your future is worth fighting for.
Contact us today for a confidential consultation and let us help you navigate the legal process with clarity, confidence and care.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
