NSW Hearing for Assault Charges - Jail or Good Behaviour Bond?

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tandj

Member
31 January 2018
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1
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My partner got arrested on 1st jan 2018, didn't get bail and has been in custody ever since. Last week, he pleaded guilty for two offences and he is to be sentenced on 14th Feb. However, he has two more assault charges, which today he pleaded not guilty.

Now his hearing date isn't until May.

He was begging two weeks ago to get him out. He hasn't been able to be bailed as he is a risk. Can someone tell me why the hell it is, when there is evidence against him for the assault. Is it maybe that if he's sentenced on 14th and doesn't get jail then he will get bond? I don't get it.
 

AllForHer

Well-Known Member
23 July 2014
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So, let's imagine the sentencing does take place on the 14th, and all he gets is a slap on the wrist and is intended to be let go.

But there is still a trial pending for assault charges for which he was refused bail.

What happens? Will be be released from custody, only to be taken back into custody immediately while he awaits trial? What's the point? Bit of a waste of public resources, no?
 

tandj

Member
31 January 2018
4
1
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That's what I'm trying to understand. He isn't happy in there and I was dying to get him out but now to plead not guilty to something he and a witness knows he did, to then be kept in jail for another 4 months.

It just doesn't add up. He pleaded guilty to stalk and breach AVO, but the assault happened in the same week. is he stupid? Is the sentence is going ahead on 14th?
 

tandj

Member
31 January 2018
4
1
1
Now he is changing his plea to guilty,will they change his court date to an earlier time now or still have it all the way in May?
 

Arche

Well-Known Member
20 March 2015
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Hi Tandj

Just to clarify - if he is bail refused on 2 matters and gets a slap on the wrist for a different matter, he stays inside unless his bail is changed.

Secondly, just so you know, if he given a gaol sentence, any time he has spent in gaol already will be taken into account eg he gets x months and he has done y months already, he spends another x minus y in gaol.

Has he been before the court to plead guilty to the second lot of matters? Has he got a solicitor? If so the solicitor should be helping sort all this out. The reason is the prosecution usually needs notice to prepare for a sentence hearing and the whole lot might end up getting adjourned next week, although not necessarily until May.

I have to say if he is bail refused for these assaults they must be serious and he may not be going anywhere for a while. I hope you were not the person he assaulted.
 

tandj

Member
31 January 2018
4
1
1
He plead guilty to breach AVO, stalking and unreg vehicle last week. His sentence for those is 14th Feb. He then got asked on a different day about the assault charge, which he plead not guilty. I explained to him there is evidence, etc, so he's better off pleading guilty.

Not sure what he will do, but yes bail has been denied every time.The assault was nothing bad but the police have made it sound awful. They made a hearing date for the not guilty plea 9th May. That means he will spend a total of 5 mths in goal by then.
 

Kat anderson

Member
3 May 2018
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0
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He plead guilty to breach AVO, stalking and unreg vehicle last week. His sentence for those is 14th Feb. He then got asked on a different day about the assault charge, which he plead not guilty. I explained to him there is evidence, etc, so he's better off pleading guilty.

Not sure what he will do, but yes bail has been denied every time.The assault was nothing bad but the police have made it sound awful. They made a hearing date for the not guilty plea 9th May. That means he will spend a total of 5 mths in goal by then.
How did he go with his court case any luck?