The client was charged with an assault causing harm and one count of property damage under the Criminal Law Consolidation Act against his partner’s estranged husband.
The background of the matter was that there had been a previous assault involving the client as against his partner’s estranged husband of which he was previously put on a good behaviour bond.
The circumstances of the offending are on the backdrop of protracted family court proceedings.
The incident has occurred as a result of the client attending the estranged partner’s premises to recover the children when the assault and property damage took place.
The charges having been negotiated down from an aggravated serious criminal trespass in a place of residence, cause serious harm and property damage.
The client’s culpability was able to be reduced on account of the circumstances involving the children and the emotional response of the client being one of non-premeditation.
Ultimately, a suspended sentence was imposed.
The case outlines the importance to put the offending into context especially in relation to a domestic situation.