Case Overview
Our client was an international student studying in Australia on a Student Visa when he was charged with two serious domestic violence offences: Intentionally Choke Without Consent and Common Assault.
The allegations were extremely serious. Police alleged that our client placed his hand around the complainant’s throat, applied pressure, and choked her for approximately 10 to 20 seconds, during which she was allegedly unable to speak. Following the alleged incident, the complainant left the apartment and, by chance, encountered a group of police officers. The allegations were disclosed, and police charged our client later that same night.
Further allegations were also raised, claiming that our client had choked the complainant on approximately nine other occasions during the course of their relationship.
As a result of these allegations, our client was placed on strict bail conditions, and an Interim Apprehended Domestic Violence Order (ADVO) was made for the complainant’s protection. The charges placed our client’s liberty, reputation, and visa status at serious risk.
Relevant Laws: Intentionally Choke and Common Assault Offences Carrying Significant Prison Penalties
The offence of Intentionally Choke Without Consent is legislated under section 37(1A) of the Crimes Act 1900 (NSW). This offence carries a maximum penalty of 5 years’ imprisonment, making it a serious indictable offence and reflecting Parliament’s strong stance on domestic violence matters.
The offence of Common Assault, under section 61 of the Crimes Act 1900, also carries significant penalties, with a maximum sentence of 2 years’ imprisonment.
An aggravating feature of the allegations was that the alleged conduct was said to have occurred in the complainant’s home.
In addition to the criminal charges, section 39 of the Crimes (Domestic and Personal Violence) Act 2007 requires a court to make a final ADVO if a person pleads guilty to, or is found guilty of, a serious offence. The charges against our client fell squarely within the definition of a “serious offence,” placing him at risk of long-term ADVO restrictions even beyond the criminal proceedings.
Case Outcome: All Domestic Violence Charges Withdrawn and No Final ADVO Made
Special Counsel, Ernest Chan had carriage of the matter from the outset. Given the client’s status as an international student on a Student Visa, it was critical to adopt a strategic and tailored approach from the very beginning, with a clear focus on protecting both the client’s criminal and immigration position.
After a detailed review of the evidence, Ernest drew on his more than 10 years’ experience as a senior police prosecutor to prepare and submit extensive written representations to police. These representations identified significant deficiencies in the investigation and the evidence relied upon, while also raising compelling legal and factual issues unique to the case.
As a direct result of these negotiations, police agreed to:
- Withdraw the charge of Intentionally Choke Without Consent
- Withdraw the charge of Common Assault
- Agree to a lapsing ADVO for a period of six months, meaning that no final ADVO was made
This outcome represented the best possible result for our client. He avoided a criminal conviction, preserved his ability to continue studying in Australia, and prevented serious adverse consequences to his visa status and future prospects.
Additional Court Proceedings: Bail Refusal Overturned After Alleged ADVO Breach
During the course of the proceedings, our client was further charged with contravening his ADVO conditions, and police refused bail. Ernest appeared in court and successfully argued for our client’s release, securing his liberty while the matter continued.
From commencement to finalisation, the entire case was resolved within nine months.
Why This Case Matters: Early Expert Defence Critical in Domestic Violence Matters Involving Student Visas
This case highlights the critical importance of early, expert legal advice, particularly in serious domestic violence matters involving choking allegations. Strategic representations, deep knowledge of police processes, and an understanding of the broader consequences， including visa implications, can make a decisive difference to the outcome.
Charged with a Domestic Violence Offence as an International Student?
If you have been charged with a domestic violence offence, including serious allegations such as intentionally choking or assault, early and strategic legal advice is critical. At Brightstone Defence, part of the broader Brightstone Legal lawyer team, we work closely with our dedicated immigration lawyers in Sydney, allowing us to manage both the criminal defence and student visa implications of your matter. This integrated approach ensures your legal strategy is consistent, coordinated, and focused on protecting your freedom, your future, and your right to remain in Australia.
Contact our experienced criminal lawyers today for confidential, expert advice tailored to complex criminal and migration matters.
Disclaimer: This content is based on real cases and news reports and is intended for general informational purposes only. It has been prepared by the criminal lawyer team and reviewed by Partner lawyer Alex Cao. It is not legal advice, and you should consult a qualified lawyer regarding your specific circumstances.
