In December of 2023 our client was in his hotel room relaxing with his partner, when an argument broke out between them. Eventually, the police were called.

When the police arrived, the complainant alleged that during the argument our client threw the complainants phone on the ground causing the screen to break, before then physically assaulting her.

At the scene, our client provided a different version to the police. Our client told the police that the complainant had been intoxicated and had accused him of being unfaithful. She then demanded our client show her his phone. When our client refused, the complainant commenced violently assaulting him, before throwing his phone and damaging it.

Despite our client denying the allegations, the police arrested and charged our client with the following offences:

1. Intentionally destroy/damage property, contrary to section 195(1)(a) of the Crimes Act 1900; and
2. Assault occasioning actual bodily harm, contrary to section 59(1) of the Crimes Act 1900.

Our client then contacted our assault lawyer where he was provided legal advice. Our client decided to plead not guilty to the charges and the matter was listed for
hearing in September 2024.

Leading up to the hearing, our assault lawyer wrote a letter to the police, requesting that they withdraw the assault charge, on the basis that our client would agree to plead guilty to the charge of damaging the complainant’s phone. After ongoing negotiation, the police eventually agreed that they would not be able to prove the assault charge, and accepted the offer. Our assault lawyer then negotiated with the police to change the facts. Eventually the facts were agreed and confirmed much of our clients original story that he had told the police on the night of the incident.

In September 2024 when our client’s matter came before the Downing Centre Local Court, the charge of assault occasioning actual bodily harm was formally withdrawn. Our client then pleaded guilty to the offence of damaging the complainant’s phone.

After providing the Court evidence that our client had paid for the damage to the complainant’s phone and hearing our assault lawyers submissions, our client was sentenced to a conditional release order without conviction, for a period of 6 months.