NSW Assault charge during a section 10 bond

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Philly2020

Well-Known Member
27 April 2018
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Hi everyone...

I understand how no one can predict what will happen in court, but I am curious to hear what some people may suggest would happen in this scenario.

A 'woman' has been charged for assault on 3 prior occasions, none resulting in a conviction recorded and the last resulting a section 10 good behaviour for 1 year. During that year the woman assaults another person by throwing a glass at them in a public area (cctv footage given), an application for an AVO is pending and another assault charge against her.

This person is not an Australian citizen but holds permeant residency.
This person has a newborn child.

In the past 2 occasions each victim was in close proximity to his/her children and the offender did not care.

I have put woman in inverted commas as I am curious to know if people who think the penalties would differ if it were a man who was the perpetrator.
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
Hi everyone...

I understand how no one can predict what will happen in court, but I am curious to hear what some people may suggest would happen in this scenario.

A 'woman' has been charged for assault on 3 prior occasions, none resulting in a conviction recorded and the last resulting a section 10 good behaviour for 1 year. During that year the woman assaults another person by throwing a glass at them in a public area (cctv footage given), an application for an AVO is pending and another assault charge against her.

This person is not an Australian citizen but holds permeant residency.
This person has a newborn child.

In the past 2 occasions each victim was in close proximity to his/her children and the offender did not care.

I have put woman in inverted commas as I am curious to know if people who think the penalties would differ if it were a man who was the perpetrator.
As I understand that section 10 is to consider as a warning, but now she broke the conditions/requirements of section 10, she will be charged on the new count and the previous one on which she was given the section 10. She is in trouble. As other poster stated, gender does not matter.
Having a new porn child makes it a bit harder but not to her advantage. I am not a lawyer/solicitor, this is my opinion only.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
A section 10 is not a "warning".
If only because you can't get a Section 10
without an admission (or a finding) of guilt.

A bond (there are several types) is a promise made to the court
to commit no further offences during the bond period.

The person about whom you are asking appears not to have kept that promise.
In lawyer speak, they appear to have "breached the bond".
They are therefore liable to sentence for the original offence (the thing they got the bond for)
as well as new, separate, prosecution, for the "new" offence.
Understand that either, both, or neither, may happen,
depending on facts and circumstances about which we don't know.
 
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Adam1user

Well-Known Member
5 January 2018
577
33
2,219
A section 10 is not a "warning".
If only because you can't get a Section 10
without an admission (or a finding) of guilt.

A bond (there are several types) is a promise made to the court
to commit no further offences during the bond period.

The person about whom you are asking appears not to have kept that promise.
In lawyer speak, they appear to have "breached the bond".
They are therefore liable to sentence for the original offence (the thing they got the bond for)
as well as new, separate, prosecution, for the "new" offence.
Understand that either, both, or neither, may happen,
depending on facts and circumstances about which we don't know.

Section 10 is not a warning, this is for sure, but I am addressing general public and not a lawyer so I put it in lame terms as you can say, so the poster can understand the feel of it, this is why I wrote "considered as a warning" and I did not write "it is a warning", one of the skills in writing to know your target and write to convey the idea to them. But thanks for your comment anyway.
 

Philly2020

Well-Known Member
27 April 2018
113
4
389
Thank you.

She pled guilty to the previous assault, hence I believe she was given the section 10. The magistrate did say that she noticed a pattern of this violent behaviour. For the next 9 months the offender is pregnant and manages to restrain herself (or at least avoid getting caught) and now after only recently given birth she is back to her old violent ways. A glass was used in this assault, and although I am not sure, I would expect the police to have considered it an aggravated assault. The victim was not badly injured, but hit with a glass none the less.

At which point would she likely be called back to court to have the breach addressed?