Case note
A discharge without conviction for assault
A group assault and a previous conviction, but a trade career a conviction would have put at risk.
- Court
- District Court
- Counsel
- F Choi, for G Duff
- Charge
- Common assault
- Outcome
- Discharge without conviction; $500 reparation
What happened
After midnight in a city car park, a group of young men attacked a stranger in a stairwell and chased him through the building. He suffered concussion, bruising, and abrasions. The defendant, then 20, had not joined the first attack. He followed the victim, who tried to punch him, and the two grappled before others arrived and resumed the assault. He pleaded guilty to common assault, a lesser charge than a co-defendant's, reflecting a lesser role. He had one previous conviction, for drink driving, and was working towards a career in drainlaying.
The point worth pausing on
The Court assessed the gravity of the offending as a whole. His role was lesser, there was an element of self-defence in the grapple, and he had pleaded guilty, was young, was remorseful, and offered reparation. The prosecution said the offending was moderate. The Court found it low.
On the other side, the Court accepted a real and appreciable risk to his employment. Apprenticeship places are competitive, many jobs require a criminal record check, and a conviction would put him behind candidates without one. He was also concerned about certification with the Plumbers, Gasfitters and Drain Layers Board. With the prosecution neutral, the Court granted the discharge and ordered $500 reparation. The previous conviction did not prevent it.
A previous conviction does not close the door. The Court weighs what this person did, and what a conviction would cost them.