QLD Assault - What Sentence Can be Expected?

Discussion in 'Criminal Law Forum' started by Fm15, 15 February 2018.

  1. Fm15

    Fm15 Well-Known Member

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    If the defendant was to enter a plea of guilt to 1 count of assault, occasioning grievous bodily harm and 1 count of willful damage (this plea being entered the week prior to trial in a district court), and the prosecution was to accept this, what type of sentencing will occur?

    I'm aware of the penalties that can be given but I am interested in what is likely to be given?
     
  2. James Dylan

    James Dylan Well-Known Member

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    Depends on the criminal history of the defendant, and any other antecedents (life circumstances) that may sway a Magistrate.

    For first time offenders who show remorse, probably a fine and a suspended sentence, with conviction recorded.

    If they have a history, probably a fine and a short stint in a “correctional” facility.

    Otherwise, a few more years in said “correctional” facility.
     
  3. Fm15

    Fm15 Well-Known Member

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    Thank you for your insight. When you talk about history, does it need to be history of exactly the same conviction? Do you think that convictions for various breaches of a DVO (convicted after the original offence) would be seen as history?
     
  4. James Dylan

    James Dylan Well-Known Member

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    Possibly. All convictions are recorded on a criminal history, regardless of the offence.

    The Magistrate will see the breaches of a DVO and think ‘tsk tsk’, and it will certainly go against the character of the defendant.

    But the Magistrate may also consider the possibility that the breaches were technical, and did not involve any violence. Thus, the GBH and wilful damage would be the first violent offences for the defendant.
     
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