Successful non-conviction outcome on appeal to the Parramatta District Court for domestic violence offences

Our 32-year old client who is a mother of two from Baulkham Hills was charged by the police with domestic violence assaults of common assault and an apprehended domestic violence order (AVO). Her husband was the alleged victim that police were acting for.

In 2020, our client was involved in an altercation with her husband where she pleaded guilty to the common assault charge, which was dismissed without conviction. An Apprehended Domestic Violence Order (ADVO) was then made final for a period of 2 years protecting her husband and anyone he has a domestic relationship with.

In late 2021, our client was in the shopping centre with her 5 year old daughter. Our client was experiencing a lot of stress at the time due to covid-19 and financial pressures. When her daughter misbehaved, she uncharacteristically disciplined her child by hitting her child’s head numerous times.

Having felt the guilt of what she did in front of others in the shopping complex, our client took herself to the nearest police station and reported what she did.

She was charged with ‘Common Assault’ and breaching her previous AVO protecting her husband and anyone he has a domestic relationship with (ie their daughter).

In the Parramatta local court, our client was convicted by the magistrate and sentenced to enter into a Community Corrections Order for 12 months and $880 worth of fines.

Our client then came to CDLA. We immediately arranged an appointment for her to get legal advise from our managing senior lawyer Tayla Regan. Tayla advised her on the appeal because on our view the sentence previously given was too harsh given the circumstances it was committed in.

Accordingly our team set off on the task to prepare for our client’s appeal hearing listed at the Parramatta District Court following the lodgement of the appeal in court.

Our Tayla tirelessly worked on our clients case, preparing it to the point of maximising her chances at getting the best possible result, namely, a non-conviction order (also known as a section 10 or CRO non-conviction).

Tayla made forceful and articulate submissions backed with evidence that was previously prepared as part of the preparation phase leading up to the hearing in court.

Some of the important aspects of our clients’ case includes her mental state in the context of a pandemic and limited financial capacity. All this was explained to the Judge who listened very carefully.

In the result, the District Court Judge agreed with our Tayla’s persuasive submissions in support of not convicting our client. The appeal was successful. The Judge on appeal quashed the local court Magistrate’s orders and instead sentenced our client to a non-conviction Conditional Release Order.

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  What Our Clients Say

Alex Istifan was diligent and articulate as a criminal defence lawyer that I had the pleasure of working with and entrusting. His Impeccable expertise and ability to speak with confidence… (read full review) By K from Sydney on 29/04/2022
Thank you Bashir! You did a great job on my case and I could not have asked for more effort and passion into my case! I received a non conviction… (read full review) By R.S.O. from Sydney on 02/05/2022
Senior lawyer Ahmad represented me for a common assault charge and AVO. He successfully pulled apart the prosecution case with ease. He got me the best possible result and the… (read full review) By J.M. from Sydney on 06/04/2022
Alex Istifan represented me in court and was exceptional in his preparation and approach to my case! I can't express my gratitude and appreciation enough. I would recommend these lawyers… (read full review) By F.M. from Sydney on 06/04/2022
Tayla and Ahmad were absolutely hands down amazing at what they did for my case. They went above and beyond to get me the result I did. I can't recommend… (read full review) By R.C. from Sydney on 08/04/2022

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