Common Assault Charge: No Criminal Record for International Student

Outcome: CRO Without Conviction | No Criminal Record | Common Assault

Our client was a 27-year-old woman from Coogee, NSW. One evening, she got into an argument with her boyfriend near a restaurant in Coogee. The argument turned physical. Our client ripped her boyfriend’s shirt. Both had been drinking at the time.

When police arrived, our client cooperated fully and explained what had happened. She was subsequently arrested and charged with common assault, an offence under section 61 of the Crimes Act 1900 (NSW), which carries a maximum penalty of two years’ imprisonment.

Our client then contacted Rezae & Co Lawyers. She needed experienced criminal lawyers who understood the full consequences of a conviction, not just the immediate penalty, but the longer-term implications for her life in Australia. Our client was on a student visa, and a criminal conviction carried the very real risk of affecting her visa status and her future in this country.

The matter proceeded to a Local Court sentence. Before sentencing, our defence team prepared detailed written submissions and made a formal application for a conditional release order without conviction (formerly known as a Section 10). A CRO without conviction means the court declines to record a conviction even though the charge has been proved or admitted, and instead places the person on a bond to be of good behaviour for a set period. Our client would walk away without a criminal record.

In our submissions, we highlighted that our client was a young woman with no prior criminal history. This was her first and only offence. We placed particular weight on her visa circumstances. A conviction would have had serious, potentially irreversible consequences for her immigration status and her ability to remain and study in Australia.

The magistrate accepted our submissions and imposed a CRO without conviction. Our client received no criminal record.

Outcome: Conditional Release Order without conviction. No criminal record recorded.

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