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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5417
Experience:  Dip Law LPAB - Sydney based lawyer
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My daughter was just charged with grievous bodily harm. Her

Customer Question

my daughter was just charged with grievous bodily harm. Her girlfriend and her had just split up and her girlfriend asked her to come to her hee house to make amends. When she got there she was cconfronted by a group of people and her ex tried to hit her with a baseball bat. my daughter responded by punching her to the head. She needed five stitches.
Her ex has made false serious allegations towards me and we have received death threats from her aunt who deals in drugs.
This have had no contact with her.
My daughter was put on a vro and her ex has made false claims that she breached it.
Ten years ago my daughter was in jail for armed robbery - domestic but she has been perfect since she came out.
Just a bit worried about what her sentence will be. She has Aspergers and ADHD as well as anxiety and depression.
Thank you
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Hello and thank you for your question.

Do you have any evidence of the threats made to you and your family which might assist in establishing provocation and or casting doubts on the credibility of your daughter's ex and her associates?

Customer: replied 1 year ago.
lots
Customer: replied 1 year ago.
They even filmed it and put it on facebook
Expert:  Patrick H. replied 1 year ago.

Then if properly defended your daughter should have good prospects of being treated very leniently, or perhaps even defending the charge if self defence can be proven, but I would certainly consider engaging a criminal lawyer to defend the charge. Regardless of the provocation, and unless she can prove that she had to throw a punch in self defence, the court will likely find she has done the wrong thing, and the courts take a very dim view of violent offences so some punitive order from the court is very likely, and in theory could be severe and can involve a maximum penalty of 20 years in theory, though what you describe would not involve anything like that kind of severity, particularly if the ex did not actually suffer a very serious injury. Nevertheless you must take the charge very seriously.

With proper representation addressing the evidence that she was herself threatened/assaulted and the provocative background to this incident, I suspect the police may be persuaded to downgrade the charge or that a court can be persuaded to impose a suspended sentence or similar non custodial sentence.

If you need help locating a suitable criminal lawyer contact the WA Law Society as they can refer you to suitable lawyers in your area.

https://www.lawsocietywa.asn.au/

I trust the above assists.

Good luck and please rate my answer.

Patrick

Expert:  Patrick H. replied 1 year ago.

Hello,

I note it has been some time since I povided my answer to you, but you haven't rated my answer yet and am wondering if there is anything further I can do for you to ensure a positive rating.

Patrick