Our client appeared before the Court charged with common assault, an offence under the Crimes Act 1900 (NSW) carrying a maximum penalty of 2 years imprisonment.

Although often regarded as a lower-level assault offence, common assault is still a criminal offence that can have serious consequences. A conviction can affect employment, professional licences, travel opportunities, reputation, and future dealings with police or the Courts.

Our client was deeply concerned about avoiding a criminal record and protecting future opportunities.

Lamont Law solicitor Kristina Batkovska carefully reviewed the prosecution material, obtained detailed instructions, and advised the client on the best pathway forward.

Kristina Batkovska then prepared comprehensive subjective material for the Court, including matters relevant to the client’s background, remorse, insight, and future prospects. Detailed submissions were made seeking leniency and asking the Court to deal with the matter without recording a conviction.

After considering all of the circumstances, the Court imposed a Conditional Release Order without conviction.

As a result, no conviction was recorded, allowing the client to move forward without a criminal record.

Why this result matters: Even in assault matters, careful preparation and strong advocacy can result in the Court exercising leniency and avoiding a conviction.

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

Kristina Batkovska

Result achieved by

Kristina Batkovska

Solicitor · Lamont Law

Kristina completed the Legal Profession Admission Board’s Diploma in Law. She previously obtained her Bachelor of Laws (LLB) at Ss. Cyril and Methodius University, before moving to Australia and completing a Masters of Commerce at ACU.

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