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hi my boyfriend has been charged AOBH, this is his first offence.

He needs to appear again...

hi my boyfriend has been charged AOBH, this is his first offence. He needs to appear again at the end of this month. We just found the lawyer couple of days ago, the lawyer said the chances are criminal record might not be avoided, and also we need to pay lot money as heavy penalty. The most tough problem is we don't want the criminal record, so what can we do to avoid it? and my boyfriend is an international student as well, we also worrying about the visa issue.

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Answered in 4 minutes by:

7/16/2013

Solicitor: Leon, Solicitor replied 9 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Can you please tell me the section and the act he is charged under?

The person that he assaulted were they badly injured?

Customer reply replied 9 years ago

it's Section 317(1) the Act/Regulation is Criminal Code. the right corner of that person's mouth was broken

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening

It is a major offence it carries 5 years jail.

If there is racial aggression then 7 years.

What circumstances caused this, why did he do it?

Customer reply replied 9 years ago

Thanks for your reply. The sufferer and my boyfriend actually known each other before, the sufferer was my boyfriend's best friend's ex-boyfriend. The sufferer slept with that lady and dumped her. That lady rang me and told me what happened to her and was crying on the phone. As for their best friendship, my boyfriend was very angry. One day we were going to the car park and ready to pick up the car, my boyfriend saw the sufferer and didn't control him well, caused fight with the sufferer. At the beginning, my boyfriend said he should say sorry and apologize to that guy, and was stopped doing that by that lady(his friend).

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening

It does not look good for your boyfriend.

Does your boyfriend intend to plead guilty?

If he pleads guilty the court may deal with it in the Magistrates Court Summarily and the penalties are less 2 years and a max fine of $24,000.00.

Here is the section.

317. Assault causing bodily harm

(1) Any person who unlawfully assaults another and thereby does that other person bodily harm is guilty of a crime, and is liable —

(a) if the offence is committed in circumstances of aggravation or in circumstances of racial aggravation, to imprisonment for 7 years; or

(b) in any other case, to imprisonment for 5 years.

Alternative offence: s. 313.

Summary conviction penalty:

(a) in a case to which paragraph (a) above applies: imprisonment for 3 years and a fine of $36 000; or

(b) in a case to which paragraph (b) above applies: imprisonment for 2 years and a fine of $24 000.

Has your boyfriend been aggressive before?

All I can suggest is that he seek the court to be lenient and get references from people that show he is not an aggressive person.

He was defending the honour of his friend but he has cause a huge injury.

Also the court should be told about his visa and that he is very regretful for what he has done.

Had ne not instigated it, it would have been easier but it does not look good. The more he can show that this is out of character the better for him as the court will see that he is not the person that the police are showing him to be.

Customer reply replied 9 years ago

yes, he plead guilty and very regret. The Bali paper shows his case deals with it in the Magistrates Court

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening

Has the Solicitor told him to get references?

Is he using a Solicitor in court?

Customer reply replied 9 years ago

yes, the first time he appeared in the court with a duty lawyer; because of missing some documents, he needs to appear again. After that, we know things are much more complicated than we think, thus the reason we found a solicitor again. The current solicitor told him to get references.

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening

He should get references from any of his professors that he knows to say he is a hard working student.

If he works he should get one from his employer.

They should point out his good traits.

He should also prepare an apology to the victim in writing and hand that to the court showing how he feels. I assume his bail conditions say he should not approach the victim.

He should show the solicitor the apology and ask if it would be a good idea to give it to the police to deliver it to him before the court date.

Hopefully the court will take all this into consideration and deal with it with no conviction and a good behaviour bond.

I hope this is of assistance. Anything else I can assist you with?

Customer reply replied 9 years ago

if we do all these mentioned, will he still get the criminal record?

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening

In the end it is up to the court. They may not record a conviction. This means no record.

It is a serious offence but your boyfriend has to convince the court this was a mistake and out of character and it will not happen again.

I cannot say what the court will do. There is a possibility of no record but it is not a big possibility.

I am sorry I cannot give you anything more than this.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Customer reply replied 9 years ago

ok, thanks very much.

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening

You are very welcome.

Please do not forget to leave me with positive feedback.

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

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