Breach AVO - Section 10 Dismissal - No Conviction Recorded
Appeared for a client charged with assault on his wife and breaching an AVO.
The initial allegations were serious and involved physical abuse of the victim. When an AVO is breached by an act of violence (even a low level assault), a Magistrate is to sentence the offender to gaol, unless there is good reason not to do so.
After advising our client, we obtained instructions to enter a plea of “guilty”, yet set the matter down for a disputed hearing on the facts.
When attending Court for the hearing, we were able to negotiate with the prosecutors to change the factual allegations in accordance with our client’s version of events.
Even though the AVO was breached with an act of violence, we were able to persuade the Magistrate to dismiss the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act and our client did not receive a conviction.