Our client was a 42-year-old project manager working for a large technology consulting firm. He had been married to his partner for nearly twelve years, and together they were raising their young daughter.
Approximately eight years earlier, our client had been charged with a minor domestic violence related offence which was finalised by way of a Section 10 dismissal, meaning no conviction was recorded. A few years later he was also dealt with for a negligent driving matter, which was similarly dismissed under Section 10.
He approached Krayem & Co Lawyers after being charged with Common Assault (Domestic Violence related) following an incident at the family home.
In the months leading up to the incident, the couple had been experiencing significant stress due to financial pressures and extended working hours. During one evening, an argument escalated and in the heat of the moment our client pushed his partner while attempting to leave the room. Police were called shortly afterwards.
When police attended the home, our client cooperated fully with officers and made certain admissions during the interview. He was subsequently charged with Common Assault (DV) and served with an Apprehended Domestic Violence Order (AVO) for the protection of his partner.
Shortly after the incident, his partner expressed that she did not wish to proceed with the charges and requested that police withdraw the AVO. However, due to the admissions made at the scene, police declined to withdraw the matter.
Our client had previously consulted with other lawyers who advised that, given his prior record, it would be very difficult to avoid a conviction. After carefully reviewing the case, Krayem & Co Lawyers adopted a different strategy.
We immediately arranged for our client to undergo assessment with a forensic psychologist, who diagnosed him with severe anxiety and impulse control difficulties which had significantly contributed to his behaviour during stressful situations.
Our legal team also gathered strong character references from his employer and colleagues, highlighting his professionalism, leadership qualities, and the importance of maintaining a conviction-free record to continue working in his senior role.
The matter proceeded before Blacktown Local Court, where our lawyers made detailed submissions seeking a Section 14 Mental Health Application.
Despite the prosecution raising concerns about his prior history, the Court accepted that our client was now engaged in ongoing psychological treatment and that diversion under the mental health provisions was appropriate.
The Court ultimately granted the Section 14 order, meaning the charge was dismissed on the condition that he continue treatment.
As a result, our client avoided a criminal conviction, allowing him to keep his career and continue supporting his family. Both he and his partner were extremely relieved and grateful for the outcome achieved.
