Our 26-year-old client of Tongan background from Auburn was charged with two counts of wound person with intent to cause grievous bodily harm Domestic Violence related and a further two more counts of assault occasioning actual bodily harm in company, each charges with very heavy penalties.
Because of the seriousness of these charges, the case is considered an EAGP matter. This meant that it must eventually go up to the District Court to be dealt with, instead of the Local Court. By this reason, the matter would be in and out of court over a longer period of time.
Our client approached CDLA and spoke to our senior lawyer Keiran Khan who specialises in serious assault cases. Knowing our client has a wife and 2 small children who depend on him both emotionally and financially, Keiran got to work immediately. If our client gets a jail sentence, then he will no longer be able to sustain his sole trading concreter business to feed his family.
Keiran Khan spent hours, days and weeks negotiating with the DPP in order to get as many of the charges dropped early, especially the most serious ones.
Following extensive negotiations Keiran was finally successful in withdrawing both counts of wounding with intent to cause grievous bodily harm DV and one count of actual bodily harm in company. Instead, our client decided to plead guilty to a reckless wounding in company and one count of actual bodily harm in company charge. As a result, more than half of the charges were dropped early.
This meant that the charges can remain in the Local Court, and not go up to the District Court. This was a very big win for our client. As a result, for the charges our client pleaded guilty to, the facts were also negotiated and significantly changed to be far more favourable to our client. These changed facts were then the facts read by the Magistrate upon sentence.
Keiran represented our client at the Mt Druitt Local Court for sentence for the remaining less serious charges. After tireless preparation for the sentence, she managed to persuade the Magistrate to not send our client to jail. In fact, after the withdrawal of the very serious assault charges and amendments to the police facts sheet, she gave extensive submissions on behalf of our client persuading the Magistrate to impose only a sentence of a $4,000 fine, no other penalty for Actual bodily harm in company and reckless wounding. This is the first ever reported sentence we are aware of for these serious charges to have received this type of penalty, instead of a jail sentence.
It is an exceptional result. Thanks to Keiran’s hard work and determination, our client is able to continue his life with his family and apply for his permanent residency in Australia.