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Assault Sentencing

Sentencing for Assault matters

Assault is a crime of violence and taken seriously by the court. Apart from a fine and gaol, the local court has a wide range of sentencing options including a section 10 dismissal, various types of bonds, and community service orders. The Local Court Lawyers will be able to give you advice on the types of sentences the local court may impose due to your individual circumstances and the nature of your offence. Where gaol terms are being considered by the court the Local Court Lawyers can make applications to suspend the gaol term, make an assessment for an intensive correction order, or make an assessment for home detention.

Section 10 dismissal

If the matter is minor and you have a good criminal history your lawyer can make an application to have the matter proved but dismissed. This would be like the local court giving a caution. The offence is proved but there is no conviction recorded. This will enable you to say that you have not been convicted of any matters of violence regarding employment or international travel.

Other types of bonds

  • A section 9 bond is a conviction and requires you to be of good behaviour. It can also include requirements for supervisions and
  • A section 11 bond is what used to be called a Griffith Remand. It is used where intensive rehabilitation and participation in an intervention program is
  • A section 12 bondis a gaol term that is suspended. If the suspended sentenced is breached by committing another offence then, unless there are good reasons not to, the court will impose a gaol term. More likely then not, the court will add a term to the suspended sentence for the fresh offence/s.

Offences committed whilst on a bond

If you are on a section 9 bond, section 10 bond, section 11 bond or section 12 bond at the time of the offence, the local court will most likely decide to initiate breach proceedings and re-sentence you for those offences. (Also known as “calling up the bond”).  The Local Court Lawyers will ensure that all avenues of the Crime Sentencing and Procedure Act 1999 are used to achieve the best possible outcome where this situation arises.

Pre Sentence Report

If the local court is considering a gaol term, the Local Court Lawyers will make an application for a pre sentence report to explore options other than gaol. We will guide you through the process to ensure that you are aware of the pre conditions necessary to comply with this order and avoid a gaol term.

Crimes Sentencing Procedure Act 1999

The Crimes Sentencing Procedure Act 1999 lists many matters the Local Court is to take into account when sentencing. These matters include circumstances of aggravation and mitigation. The Local Court Lawyers will be able to use their experience and knowledge to ensure that your best case is presented to the local court.

Rehabilitation

Where drug and alcohol addiction are a factor in the offending, the Local Court Lawyers will help you enter into rehabilitation or counselling. We can make an application to the court for rehabilitation or counselling and we can ask for it to be part of your sentence.

Mental Health

If you suffer from a mental illness or condition then the Local Court Lawyers can help. If certain conditions are met we can make an application under section 32 of the Mental Health (Forensic Provisions) Act to have your offence discharged, without the offence being proved and placed on a community treatment order.

There are many more issues with assault. A lot of it may be evidentiary, for example, your identification may be inadmissible, your admission may have been improperly obtained. The Local Court Lawyers will be able to use their experience and knowledge by weighing the evidentiary burden of the prosecution with available evidence and explain where the strengths and weaknesses of the prosecution case lay to help you make the best decision to achieve the best possible outcome.

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