Section 10 no conviction and dismissal of charge for various offences – Legal Aid matter

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Our client was a young Aboriginal man charged with assault occasioning actual bodily harm of a neighbour and breaching an AVO by common assault of his ex-partner. His matter was referred to us on a grant from Legal Aid. The complainant neighbour did not appear, and we argued against the prosecution application for an adjournment. The magistrate refused the adjournment and the charge was dismissed. As to the breach AVO matter, we argued that the breach was trivial and non-violent, and the magistrate was persuaded to deal with the matter without recording a conviction and placing our client on a good behaviour bond and ordering him to participate in the Salvation Army Court Chaplaincy service for domestic violence offenders.

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