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Our 23 year old client from Mascot arrived in Australia from the UK over 2-years ago with his partner. He was on a spouse visa with his partner who would threaten to cancel his visa during past arguments.

Our client had an argument and moved out from their home, and into an alternative accommodation. The alternative accommodation was no longer available, and out of desperation, he moved back in with his ex-partner where be was sleeping on the couch.

One night, when our client came home to sleep on his couch after a night out with friends, his ex-partner tried to drag him off the couch to get him to leave. in the process of this, she bit, pinched and scratched our client. As the Physical altercation continued, she broke his phone in the process. Following this, our client ran to her bedroom, grabbed her phones and threw one of them at her. This hit her ear and caused her to bleed. Her phone also broke in the process. As they continue the fight, she stabbed his arm with a small knife before our client runs out of the premises. She then called and complained to police alleging that our client had choked and assaulted her which then results in the police charging our client with destroy/damage property, intentionally choke, and assault occasioning actual bodily harm domestic violence with an ADVO.

Our client chose to not tell police that she stabbed him in order to protect her.

In the result, our client wants the proceedings to finalise quickly without a criminal record given he was understandably concerned of the effects of a criminal record on his visa status in Australia.

Our senior lawyer Keiran Khan of CDLA effectively negotiated with police to successfully drop the intentionally choke and assault occasioning actual bodily harm charges, being the most serious charges in return for our client accepting to plea guilty to the less serious charge of breaking her phone (destroy/damage property charge).

The police facts which the Judge was to read when sentencing our client was also significantly changed to be more favourable to our client. Keiran managed to remove any references assaults by our client. The final changed facts were shortened to the breaking of her phone in the context that she approached him and attempted to drag him of his couch before  attempting to poke him with an object and breaking his phone in the process. Our client then broke her phone in retaliation.

Kerian gave persuasive and succinct submissions to the Judge who was convinced to not record a criminal record against our client’s name even after pleading guilty. The court sentenced our client with a non-conviction conditional release order.

Our client was able to move on without a conviction impacting on his visa.



Published on 25/04/2021

AUTHOR Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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