A Moment That Nearly Changed a Man’s Life
Mr Lee is a skilled tradesman who had worked diligently for five years to build a stable life in Australia. He had no prior contact with the police, no criminal record, and was widely respected in his community.
However, a single incident involving a brief domestic dispute in a public venue nearly led to a criminal conviction under the domestic violence laws in New South Wales. If not for timely legal representation, the consequences could have been severe.
What Happened: A Public Argument and Police Intervention
One evening, after attending a dinner with friends at a local entertainment complex, Mr Lee decided to visit the casino downstairs. His wife objected, but Mr Lee proceeded with his friends.
Later, in the smoking area, a verbal disagreement escalated. Frustrated and under the influence of alcohol, Mr Lee pushed his wife twice. Security footage captured the incident, and he was swiftly removed from the premises. The police were called, and Mr Lee was charged with common assault in a domestic context.
Domestic Violence Charges in NSW: A Strict Legal Framework
In New South Wales, any intentional physical contact with a partner without consent can constitute domestic violence, even if no injury results. Cultural norms that may minimise such conduct hold no legal weight.
Domestic violence is treated as a serious social issue, and a conviction can have wide-reaching consequences for an individual’s employment, visa status, and future prospects.
Due to the strength of the evidence and the nature of domestic violence laws, Brightstone Defence advised Mr Lee to enter a plea of guilty. The legal strategy then shifted to achieving the best possible sentencing outcome.
Building a Strong Case for Leniency
Our legal team, led by Principal Lawyer Alex Cao, prepared a robust mitigation package for the court, including:
- A personal apology letter from Mr Lee
- A letter of forgiveness from his wife
- A certificate of completion from a gambling rehabilitation program
We argued that the incident was not representative of Mr Lee’s character and that the root cause was an unmanaged gambling issue, not a tendency toward violence. Mr Lee’s cooperation with police and proactive rehabilitation efforts were also highlighted.
Successful Outcome: No Criminal Conviction
At sentencing, Mr Cao made detailed submissions to the magistrate, outlining:
- Mr Lee’s previously clean record
- His role as the family’s sole income earner
- The pressures he faced during the COVID lockdown
- His genuine remorse and participation in behavioural change programs
The court accepted these arguments and imposed a two-year good behaviour bond, with no conviction recorded. This outcome preserved Mr Lee’s work rights and visa status and allowed him to continue building his future without the burden of a criminal record.
Frequently Asked Questions (FAQ)
- Can I be charged with domestic violence if there was no injury?
Yes. In NSW, intentional, non-consensual contact such as pushing can constitute common assault in a domestic context.
- Will a conviction affect my visa status in Australia?
Yes. A recorded conviction can affect visa renewals or new applications and may result in immigration complications.
- Is it possible to avoid a criminal record for a domestic violence charge?
Yes. With strong legal representation and compelling mitigating factors, the court may choose not to record a conviction.
Protecting Your Future with Expert Defence
Domestic violence charges, even those stemming from isolated incidents, can have lasting consequences. At Brightstone Defence, we are committed to protecting our clients’ futures through clear legal advice, strategic advocacy, and professional representation in court.
If you or someone you know is facing domestic violence allegations, contact our team immediately to ensure your rights are protected.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
