Our client appeared before the Court charged with common assault after police alleged he assaulted a security officer at an outdoor concert.

Common assault is an offence under the Crimes Act 1900 (NSW) carrying a maximum penalty of 2 years imprisonment. Although often considered a lower-level assault offence, a conviction can still have serious consequences including impacts on employment, professional opportunities, travel, and personal reputation.

In this matter, our client was employed full-time, had no prior criminal history, and had five dependants who relied upon him. He was particularly concerned that a criminal conviction could place his employment in jeopardy and affect those who depended on his income.

The matter was unable to proceed to a defended hearing due to the strength of the prosecution case, which included admissions made by the client to police. In those circumstances, the focus shifted to achieving the best possible sentencing outcome and avoiding a conviction.

Lamont Law solicitor Jelena Dobric carefully prepared extensive subjective material to place the client in the strongest possible position before sentence.

This included:

  • Character references attesting to the client’s good character and work ethic
  • A letter of remorse demonstrating insight into the offending
  • A mental health care plan
  • Referral to a psychologist for ongoing support and treatment

Appearing on the client’s behalf, Jelena Dobric made detailed submissions highlighting the client’s early plea of guilty, lack of prior record, genuine remorse, age, low risk of reoffending, and strong prospects of rehabilitation.

After considering the evidence and submissions, the Court imposed a Conditional Release Order without conviction for a period of 18 months.

As a result, no conviction was recorded, protecting the client’s employment and allowing him to continue supporting his dependants.

Why this result matters: Even where the prosecution case is strong, careful preparation of subjective material and effective advocacy can lead to a no-conviction outcome that protects a client’s future.

This case result was dependent on its own facts and circumstances. Past results do not guarantee future outcomes.

lamont law jelena

Result achieved by

Jelena Dobric

Solicitor · Lamont Law

Jelena is admitted to the Supreme Court of NSW and the High Court of Australia. Jelena practices exclusively in criminal and traffic law. Jelena has degrees in Media and Law from the University of New South Wales.

Other Results