VIC Sentenced to Jail for Assault - Appeal under Criminal Law?

[Jelliott88]

Hi all. I am appealing a sentence of imprisonment of 3 months and a nine month CBO due to a breach of suspended sentence imposed from driving offences.

Long story short, I breached it by assault that I felt threatened in. But I threw the first punch and went a little overboard. This was after a verbal argument with my partner. The male approached me from a pub with alcohol on he's breath and got in my face.

I have the option of appealing the conviction but my solicitor is saying that he thinks we won't beat the charge of assault. As I think it was in the lines of self-defence. My downfall is that I have long priors, mainly around driving and have been in the jail system because of it.

Can someone help me with some vital information on Criminal Law, please please?

Also leaning towards consequential circumstances. As I am providing a roof over my small family, which I did not fall between when getting sentenced.

I have already appealed the sentence

 

[Michael T]

If you don't believe your lawyer's advice is sound, then you should tell him that and ask him to either explain it to you in more detail or instruct him to consider further defences for you. If you're still not happy, engage another lawyer as soon as possible. You can read up on criminal law if you like so that you can raise more points with your current lawyer, so you could look at:

• Assault? Don’t Let a Night Out Turn Into a Fight - Legal Blog - LawAnswers.com.au
• Suspended Sentence | The Sentencing Advisory Council