Remarkable Result in a Serious Domestic Violence Case

Understanding the Charges: Choking Without Consent and Property Damage

In New South Wales, domestic violence charges are treated with the utmost seriousness, especially when they involve allegations such as intentionally choking a person without consent. Under section 37 of the Crimes Act 1900 (NSW), this offence carries a maximum penalty of five years' imprisonment. To secure a conviction, the prosecution must prove three essential elements:

• The act was intentional
• The accused choked, suffocated or strangled another person
• The act was done without the other person’s consent

In the case of Mr Lewis, police laid multiple charges following an alleged domestic incident. These included intentional choking without consent, common assault, and malicious damage to property.

‍

Background: The Incident and Immediate Consequences

A dispute arose between Mr Lewis and his partner during a personal disagreement about their relationship and professional future. The argument escalated quickly into a physical altercation. Police were called by neighbours after hearing raised voices. Upon arrival, officers charged Mr Lewis with pushing his partner, smashing her phone, and allegedly applying pressure to her neck for approximately five seconds, which caused her to have difficulty breathing.

As a result of the charges, Mr Lewis had his passport confiscated and was placed under strict bail conditions that prevented him from leaving the country. Given his urgent need to return overseas for work within five weeks, this situation placed his professional life in jeopardy.

‍

Strategic Legal Intervention by Brightstone Defence

After consulting with several firms, Mr Lewis engaged Brightstone Defence to act swiftly and strategically on his behalf. Our legal team immediately assessed the matter, recognising the need for urgent intervention.

Within 24 hours of being retained, we drafted and submitted a formal legal representation (negotiation letter) to police, requesting the withdrawal of the common assault charge and setting out a clearer version of events supported by available evidence. While such representations typically take six to eight weeks for police review, our persistent follow-up led to an official response in just four weeks. The police accepted the contents of the representation.

‍

Court Outcome: Avoiding Conviction in a High Risk Case

At the court hearing, the lawyer from Brightstone Defence presented detailed sentencing submissions, including information on Mr Lewis’s personal background, remorse, and proactive steps taken following the incident. The court accepted that the situation, while serious, did not justify a disproportionate penalty.

In a rare outcome, Mr Lewis was convicted of property damage and choking without consent, but received only financial penalties: a $150 fine for the property damage and a $750 fine for the choking offence. Notably, he avoided a criminal conviction for assault and any form of custodial or community based sentence.

Statistically, this is exceptional. At the time of sentencing, 36 percent of defendants charged with choking without consent in NSW were sentenced to imprisonment, 24.8 percent received intensive correction orders, and 35 percent were issued community correction orders. Only 1.1 percent were sentenced to a fine. Mr Lewis was among this rare minority, thanks to the work of Brightstone Defence.

‍

Case Closure and Client Outcome

Following sentencing, Ms Zhao accompanied Mr Lewis to settle his fines and retrieve his passport from police. He was able to board his flight and return to work the same afternoon. Mr Lewis expressed his gratitude for the efficiency and dedication of the Brightstone Defence team throughout this stressful period.

‍

Frequently Asked Questions (FAQ)

• ‍What is choking without consent under NSW law?
  It is an offence under section 37 of the Crimes Act 1900 (NSW) and applies when a person intentionally chokes, suffocates or strangles another without their consent.

• ‍What penalties apply for choking without consent?
  The offence carries a maximum penalty of 5 years' imprisonment. Many offenders receive custodial or community based sentences.

• ‍Can domestic violence charges be downgraded or withdrawn?
  Yes, with proper legal representation and compelling evidence, charges may be withdrawn or reduced through legal negotiations with police.

• ‍How long do police take to respond to legal representations?
  Typically 6 to 8 weeks, but faster responses are possible in urgent cases with persistent follow-up.

‍

Need Legal Help with Domestic Violence Charges?

If you are facing serious domestic violence allegations, early legal advice is crucial. Brightstone Defence specialises in defending complex criminal charges and negotiating favourable outcomes, even under tight timelines. Contact our team for a confidential consultation and immediate assistance.