Assault | Newcastle & Central Coast Lawyers

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No conviction CRO | 2 x Common Assault (DV) | Wyong Local Court |

Our client is a 37-year-old female who lives on the Central Coast with her husband and 3 children. She works part-time and supports her husband who suffers from chronic back pain and is unable to work.

Our client had been in the middle of cooking a meal for her family when a relative entered her home and confronted her about a longstanding issue. A disagreement took place and a physical exchange ensued. Our client was charged with 2 counts of Common Assault. Each offence carries a maximum penalty of 2 years imprisonment and a $5,500. A conviction for an assault-related offence would have seen our client’s ability to work in aged care and be involved in her children’s school in jeopardy. Solicitor Denise McCarthy made submissions to the Magistrate as to our client’s sincere remorse, her previous good character, unblemished record and contribution to the community.

The Magistrate found our client guilty of the offence however without proceeding to conviction ordered him to enter into a Conditional Release Order with a 12-month good behaviour bond. This is similar to a Section 10(1)(b) under the new sentencing reforms. Our client was extremely relieved to be able to maintain her clean criminal record and to finally put this unfortunate incident behind them.

Case Dismissed |  Affray, 2 x Assault Occasioning Actual Bodily Harm T2 | Gosford Local Court 

Our client, a 24-year-old male who lives on the Central Coast with his partner, was charged with affray and 2 counts of assault occasioning actual bodily harm T2. The maximum penalties for these offences are 10 years imprisonment and 5 years imprisonment respectively. Solicitor Kevin Vierboom conducted negotiations with the police to obtain agreed facts in this matter. Mr. Vierboom made extensive submissions to the Court with regard to whether or not the conduct by our client was unlawful in the circumstances of this case. Following consideration of these submissions, the Magistrate formed the view that our client’s conduct was indeed not unlawful in the circumstances.  The Magistrate dismissed the matter and our client was free to go. Our client was extremely grateful for the outcome of this case.

Section 32 - Common Assault, Stalk Intimidate - Gosford Local Court - 19/10/2017

Our client was a 42 year old male, the father of a young child who was embroiled in a family law dispute. He had been retired from the Police Force with PSTD after a distinguished career of service to the community. He was charged with common assault and stalk intimidate after a misunderstanding during an arranged parenting handover. He strenuously denied the allegations and after all of the aspects of the case were considered solicitor Kevin Vierboom made a Section 32 Application under the Mental Health (Forensic Provisions) Act 1990. After hearing extensive oral and written submissions and consideration of a detailed psychiatric report, Magistrate Brennan allowed the section 32 application and dismissed the charges on the condition that our client enter into treatment under the care of his psychologist.

Charge dismissed | Assault occasioning actual bodily harm | Kempsey Local Court 

Our client, a 44-year-old who is a FIFO mine worker in Perth and the Northern Territory, was charged with the offence of assault occasioning actual bodily harm. The maximum penalty for this offence is 5 years imprisonment and our client faced the prospect of losing his employment in the mines with a criminal conviction.

Our client entered a "not guilty" plea and Solicitor Kevin Vierboom represented our client in the defended hearing at Kempsey Court. Extensive submissions were made by Mr Vierboom during cross examination with regard to the timing, admissibility and strength of the prosecutions evidence before the Court. The Police Prosecutor vigorously defended their case however after consideration of the submissions, Magistrate Thomas dismissed the charges.

Our client was extremely relieved with the outcome and was able to move on with his life without the burden of a criminal conviction on his record.

Charges Withdrawn | Assault Occasioning ABH and Contravene ADVO | Gosford Local Court 

Our client, a 27-year-old male who lives with his wife on the Central Coast. He was initially charged with Breach of AVO, Common Assault and Intentionally Choke. The maximum penalty for Intentionally Choke is imprisonment for 10 years. Our client was on a Student Visa undergoing an application to become a permanent resident and was at risk of being deported.

Solicitor Kevin Vierboom made extensive submissions to the Magistrate who ordered a 12-month Intensive Corrections Order. Our client was very relieved with this outcome. However, eight days after sentencing our client was accused of contacting and assaulting the victim which he strenuously denied. He was subsequently charged with Assault Occasioning Actual Bodily Harm (ABH) and Contravene an ADVO.

Our client was taken into custody and refused bail. The maximum penalty for Assault Occasioning ABH is 5 years imprisonment. At the Courthouse, Solicitor Kevin Vierboom entered into negotiations with the Police Prosecutor and the charges were eventually withdrawn due to lack of evidence.

Our client was extremely relieved. He was immediately released from custody.

Common Assault | Conditional Release Order without Conviction | Gosford Local Court  

Our client is a 22-year-old male who lives on the Central Coast. He uses sign language as his main form of communication as he was born profoundly deaf. There were several challenges to overcome in relation to conferences with our client and at Court. An Auslan interpreter was arranged to appear with our client at each Court attendance in order to interpret the Court proceedings

Our client was charged with Common Assault following a dispute with his housemate who is also profoundly deaf.

The maximum penalty for the offence of Common Assault is a fine of $5,500 and/or imprisonment for 2 years.

Our client had never come to the attention of the Police previously and had never appeared before a Court. The thought of this process was very distressing for him and caused him considerable anxiety.

Principal Solicitor Kevin Vierboom made representations to Police to amend the ‘agreed facts’. Kevin attended Gosford Local Court for the sentencing and made submissions in mitigation of the penalty. Our client was found guilty, but without proceeding to conviction, and sentenced to a Conditional Release Order for 12 months.

Our client and his parents were overjoyed with the outcome and the fact that a conviction was not recorded against him. He is exceedingly happy that he can now put this experience behind him and move on with his life and career.

Charge dismissed | Common Assault T2 | Gosford Local Court 

Our client is a 48-year-old male who lives on the Central Coast. He is employed as a cleaner and has 3 daughters. He had been in a 9-month relationship with a new partner (the alleged victim) up to the date of the alleged incident. Our client was charged with Common Assault under s61 of the Crimes Act 1900, an offence carrying a penalty of up to 2 years imprisonment and a $5,500 fine.

On the day in question our client picked up the alleged victim upon her return from Sydney. After driving her home, an altercation took place where an allegation of domestic violence (common assault) was made by the alleged victim. The alleged victim attended Gosford Police Station 6 days later.

Our client instructed us that he had not touched the alleged victim. The matter was set down for hearing at Gosford Local Court on the 4th October 2018. Our solicitor Kevin Vierboom made submissions to the Magistrate that there was insufficient evidence to find a conviction for common assault. The Magistrate found that there was insufficient evidence to prove the prosecution’s case beyond reasonable doubt, resulting in the charges against our client being dismissed.

Common Assault, Destroy or Damage Property, Larceny | All Charges Dismissed | Wyong Local Court 

Our client is a 56 year old male who holds university qualifications in education.

Our client was involved in an ongoing dispute over borrowed money and power tools. He was referred to us by a friend of his who had been represented by Fourtree Lawyers. 

Our client was extremely troubled by the situation in which he found himself. He was concerned about the impact that a criminal conviction would have on his career. After reviewing the Police Facts with our legal team, our client instructed us to enter a plea of "not guilty" to each of the alleged charges. 

The maximum penalty in the Local Court for Common Assault is a fine of $5,500 and/or imprisonment for 2 years. The maximum penalty for Destroy or Damage Property is a fine of $2,200 and/or imprisonment for two years. The maximum penalty for Larceny is a fine of $2,200 and/or imprisonment for 2 years.

Principal Solicitor Kevin Vierboom attended Wyong Local Court for a defended hearing. After Mr Vierboom's extensive cross examination of the Police, the victim, the witnesses and the defendant the Magistrate ordered that all three charges against our client be dismissed.

The client was overjoyed with the result. It was such a relief for him to have all the charges dismissed and have the matter finalised in such a positive way.

Common Assault & ADVO | Dismissed | Gosford Local Court 

Our client is a 47-year-old male who lives with his fiancée, her two children and his two children 50% of the time.

Our client’s stepson has a history of violent physical outburst which had been getting considerable worse. On the day of the incident our client and his fiancée were at home with her children and her daughter’s friend. Her son began to get angry and violent and it escalated to a point where he was both a danger to his sister and her friend but also himself. Our client was asked by his partner for help in calming his stepson down. In the process our client restrained the child to ensure the safety of all parties. A neighbour saw this occur and called the Police.

The Police attended the home and our client complied fully. Our client was notified of an interim AVO being put into place and was charged with Common Assault T2 which carries a maximum penalty of 2 years imprisonment and/or a fine of $5,500.00.

A not guilty plea was entered. Solicitor Erin Nulty and Barrister John O’Sullivan attended upon Gosford Local Court. Prior to the hearing it was conceded by the Police Prosecutor that he would not be able to disprove self-defense. This was then raised with the Magistrate who saw it fit to dismiss the charge and the Application for the AVO.

Our client was overjoyed with the result and the dismissal of the charge and the AVO.

Section 10(1)(b) | Assault Occasioning Actual Bodily Harm and Destroy Damage Property |  Gosford District Court 

Our client, a 35-year-old female who lives in Sydney was charged with Assault Occasioning Actual Bodily Harm and Destroy or Damage to Property. The maximum penalty for this offence is 5 years imprisonment. Our client is a highly regarded health professional. She was previously a person of good character and was very remorseful for her actions. She was undergoing treatment for depression and anxiety at the time and a diagnosis of Borderline Personality Disorder was made after the incident.

At first instance, the Local Court Magistrate convicted our client and imposed a Section 9 good behaviour bond. A decision was made to appeal the severity of the sentence to the District Court as a criminal conviction would have ended her career. Solicitor Kevin Vierboom made extensive submissions to the Judge on appeal who, after some persuasion dismissed the charges and ordered a 2-year period of good behaviour under section 10(1)(b).

Our client was extremely relieved at the outcome of her case.

Charges Dismissed, Costs Order Made against the Police | Common Assault | Gosford Local Court 

Our client was a 27-year-old male charged with a domestic violence-related common assault. Solicitor Kevin Vierboom prepared the case following a plea of "not guilty".

After a hearing which spanned three separate court appearances, the Magistrate ruled that the prosecution witnesses were unreliable and the charges were dismissed.

An order for costs was granted by the court in relation to a vacated court date.

Case Dismissed |  Affray, 2 x Assault Occasioning Actual Bodily Harm T2 | Gosford Local Court 

Our client, a 24-year-old male who lives on the Central Coast with his partner, was charged with affray and 2 counts of assault occasioning actual bodily harm T2. The maximum penalties for these offences are 10 years imprisonment and 5 years imprisonment respectively. Solicitor Kevin Vierboom conducted negotiations with the police to obtain agreed facts in this matter. Mr. Vierboom made extensive submissions to the Court with regard to whether or not the conduct by our client was unlawful in the circumstances of this case. Following consideration of these submissions, the Magistrate formed the view that our client’s conduct was indeed not unlawful in the circumstances.  The Magistrate dismissed the matter and our client was free to go. Our client was extremely grateful for the outcome of this case.

COMMON ASSAULT, INTENTIONALLY CHOKE WITHOUT CONSENT, AVO | ALL CHARGES WITHDRAWN | CESSNOCK LC

Our client resides in the Hunter region and instructed us to defend the alleged serious charges levelled against him. The maximum penalty for common assault is 2 years imprisonment and/or $5,500 fine. The intentional choke offence carries a 2 years imprisonment and $11,000 fine.

Principal Solicitor, Kevin Vierboom had worked with our client to ascertain his version of events and provided guidance on the hearing process. Through the adjournment representations were sought with Police however the matter proceeded to hearing. On the day of hearing the main complainant did not appear, as such all charges were withdrawn.

Our client was relieved that he did not have to go through with the hearing of the application and can move past the events that took place and get on with his life.

COMMON ASSAULT (DV) x2, CONTRAVENE AVO (DV), STALK/INTIMIDATE INTEND FEAR PHYSICAL ETC HARM (DV) | INTENSIVE CORRECTION ORDER 16 Mths | GOSFORD LC

Our client has a lengthy criminal history involving problematic alcohol dependency and associated offending. His personal and social circumstances were one in which significant conflicts were present, in particular, few rewards or positive support from his peers, often accepting of criminal behaviours.

The maximum penalty for these offence offences range from 2 years imprisonment to $5,500 fines. Senior Solicitor Luke Del Monte worked with our client to ascertain his version and understanding the clients subjective and risk factors. There was a real risk the client would be sentenced to imprisonment. Submissions were made to the court focusing on our clients background, the circumstances surrounding the offence and his alcohol dependency with material in support tendered to the court.

Having regard to the submissions, the magistrate saw fit to impose an Intensive Correction Order for 16 months, with supervision.

Our client was happy with the result as he could now undertake the intervention needed in the community.

Charges Withdrawn | Assault Occasioning ABH and Contravene ADVO | Gosford Local Court 

Our client, a 27-year-old male who lives with his wife on the Central Coast. He was initially charged with Breach of AVO, Common Assault and Intentionally Choke. The maximum penalty for Intentionally Choke is imprisonment for 10 years. Our client was on a Student Visa undergoing an application to become a permanent resident and was at risk of being deported.

Solicitor Kevin Vierboom made extensive submissions to the Magistrate who ordered a 12-month Intensive Corrections Order. Our client was very relieved with this outcome. However, eight days after sentencing our client was accused of contacting and assaulting the victim which he strenuously denied. He was subsequently charged with Assault Occasioning Actual Bodily Harm (ABH) and Contravene an ADVO.

Our client was taken into custody and refused bail. The maximum penalty for Assault Occasioning ABH is 5 years imprisonment. At the Courthouse, Solicitor Kevin Vierboom entered into negotiations with the Police Prosecutor and the charges were eventually withdrawn due to lack of evidence.

Our client was extremely relieved. He was immediately released from custody.

Obstruct or hinder ambulance officer providing or attempting to provide service to another | Conditional Release Order without conviction six months | Wyong Local Court.

Our client is a 68-year-old male who resides in Wyong and suffers from severe mental illness. At the time of the offence, our client’s daughter phoned an ambulance for help for her father’s mental health. Upon arrival, consent for treatment was implied after our client opened the front door and gestured for the paramedics to come inside. Our client became aggressive and abusive, yelling and eventually striking one of the paramedics. Our client was sedated and taken to Wyong hospital where he was arrested and cautioned.

The maximum penalty this offence carries is 50 penalty units and/or two years imprisonment. The magistrate was satisfied with character references solicitor Luke Del Monte put before the court which stated that our client was experiencing a mental health episode at the time of the offence.

The magistrate also placed the severity of our client’s act on the lower side, noting his age, lack of criminal history and continued rehab. Our client was sentenced to a Conditional Release Order for six months without conviction. Our client was pleased with this result.

Charge dismissed | Common Assault T2 | Gosford Local Court 

Our client is a 48-year-old male who lives on the Central Coast. He is employed as a cleaner and has 3 daughters. He had been in a 9-month relationship with a new partner (the alleged victim) up to the date of the alleged incident. Our client was charged with Common Assault under s61 of the Crimes Act 1900, an offence carrying a penalty of up to 2 years imprisonment and a $5,500 fine.

On the day in question our client picked up the alleged victim upon her return from Sydney. After driving her home, an altercation took place where an allegation of domestic violence (common assault) was made by the alleged victim. The alleged victim attended Gosford Police Station 6 days later.

Our client instructed us that he had not touched the alleged victim. The matter was set down for hearing at Gosford Local Court on the 4th October 2018. Our solicitor Kevin Vierboom made submissions to the Magistrate that there was insufficient evidence to find a conviction for common assault. The Magistrate found that there was insufficient evidence to prove the prosecution’s case beyond reasonable doubt, resulting in the charges against our client being dismissed.

Common assault, stalk/intimidate, contravene prohibition/restriction in AVO | Dismissed + backdated imprisonment | Newcastle Local Court

Our client is a 51-year-old man who resides in Newcastle.

Our client and the victim had been in a domestic relation for eight to 10 years and had a six-year-old son. An Apprehended Violence Order had already been served on our client prior to this incident.

At the time of the incident an argument ensued after the victim asked our client why a $50 note in her wallet was missing. Our client said he had taken it and threw the victim to the ground. Later in the afternoon, our client lost his cigarettes and argued again with the victim – resulting in him taking her phone and throwing her to the ground again, their six-year-old son was present.

Police were called shortly after the victim’s phone was returned and the Apprehended Violence Order was varied so he could no longer reside with her.

The charges of common assault, stalk/intimidate and contravene prohibition/restriction in AVO carry a maximum penalty of two years imprisonment and/or a fine of $5500 respectfully.

At court, the magistrate was satisfied with submissions made by solicitor James Clements. He dismissed the charges of common assault and stalk/intimidate and backdated the sentence of four months imprisonment as our client had been placed in custody.

Our client was happy with this result.

Enter enclosed lands without lawful excuse and assault occasioning actual bodily harm | S.10A and Conviction | Belmont Local Court

Our client is a 29-year-old male who resides in Lake Macquarie.
At the time of the incident, our client entered a workplace to look for employment. He was informed there were no jobs, and the facility was in lockdown due to Covid-19.

Our client refused to leave when asked multiple times and allegedly approached the victim and slammed a metal and glass door into her which trapped her arm and resulted in bruising and lacerations.

The police were called, and our client was cautioned and arrested.

The maximum penalty for enter enclosed lands without lawful excuse is an $11,000 fine and/or 12 months imprisonment and assault occasioning actual bodily harm attracts five years imprisonment or seven years if committed in company.

At court, our client entered an early plea of guilty which assisted him in his sentence. Solicitor Ofeina Hushon submitted character references as well as a letter of acceptance into a rehabilitation facility. Our client also presented himself to the emergency department regarding his mental health hours before the offence.

The Magistrate accepted our client’s behaviour was affected by mental health and gave our client a Section 10A for the first offence and a conviction and imprisonment sentence for the second, which was backdated to the time our client began time in custody.

Our client was pleased with the result.

Section 10(1)(b) | Assault Occasioning Actual Bodily Harm and Destroy Damage Property |  Gosford District Court 

Our client, a 35-year-old female who lives in Sydney was charged with Assault Occasioning Actual Bodily Harm and Destroy or Damage to Property. The maximum penalty for this offence is 5 years imprisonment. Our client is a highly regarded health professional. She was previously a person of good character and was very remorseful for her actions. She was undergoing treatment for depression and anxiety at the time and a diagnosis of Borderline Personality Disorder was made after the incident.

At first instance, the Local Court Magistrate convicted our client and imposed a Section 9 good behaviour bond. A decision was made to appeal the severity of the sentence to the District Court as a criminal conviction would have ended her career. Solicitor Kevin Vierboom made extensive submissions to the Judge on appeal who, after some persuasion dismissed the charges and ordered a 2-year period of good behaviour under section 10(1)(b).

Our client was extremely relieved at the outcome of her case.

Common Assault (DV related) | Dismissed + Final AVO | Gosford Local Court

Our client is a 50-year-old male who resides on the Central Coast.

His daughter had been home from school due to illness a day before the incident.

On the day of the alleged assault our client told his daughter to get out of bed and go to school despite her saying she was still unwell. This resulted in an argument between the two.

The daughter went downstairs to get some food and another argument ensued, resulting in her throwing the bowl into the kitchen.
She then went back to her bedroom and our client pulled her out of bed and pushed her to the ground.

She called the police shortly afterwards.

Our client made a full admission to the assault, resulting in his arrest.

The victim did not attend court after receiving legal advice, so police prosecutors could not continue with the charges, however, they proceeded with the Apprehended Violence Order given the complainant’s age.

Solicitor Luke Del Monte suggested a six-month AVO without admissions to avoid any further court proceedings, which was agreed to by the client and the police. The Magistrate also consented to this.

Our client and his wife were pleased with this result and relieved the matter was settled and no criminal record was given.

Assault occasioning actual bodily harm; destroy/damage property; stalk/intimidate;  ADVO | Withdrawn & Dismissed | Newcastle Local Court 

Our client is a 38-year-old male who resides in Newcastle.

He was in a relationship with the victim for seven years prior to the incident. The pair had engaged in an argument relating to the victim’s children which were from a previous relationship. Our client returned home and allegedly broke the backdoor to gain access to the premises, yelled at the victim to get out of his house and allegedly assaulted her.

The maximum penalty for assault occasioning actual bodily harm is five years jail; destroy/damage property is two years jail or a fine of $2200; and stalk/intimidate is five years jail and/or a fine of $550.

At court, our client plead not guilty to the above offences, and solicitor James Clements was in attendance with our client. However, the victim/complainant was not present for proceeding. Prosecution officers attempted to contact her but she could not attend.

As such the matter was withdrawn and charges dismissed.

Our client was pleased with this result.

Indecent assault and sexual intercourse without consent | Not Guilty | Newcastle District Court

Our client is a 22-year-old male who resides in Sydney’s south west.

At the time of the offence, our client was 18 years old and was drinking with the victim at his home in Lake Macquarie. Our client allegedly told the victim to break up with her partner and expressed his desires to have sexual intercourse with her, which made her uncomfortable.

It was also alleged our client attempted to remove the victim’s pants, forced himself onto her to have sexual intercourse and told her to keep it a secret.

Police were informed of the incident and contacted our client who exercised his right to remain silent and not participate in an interview.

The maximum penalty for indecent assault is two years imprisonment and/or a fine of $5500 while sexual intercourse without consent is 14 years imprisonment with a seven-year non-parole period.

Over the course of a four-day trial, solicitor Laura Horton submitted defense witness statements and cross examined the complainant as well as crown witnesses. On the final day the jury came to the unanimous decision that our client was not guilty of all charges.

Our client was extremely pleased with this result.