Published 06 March 2024
Sentencing — application for discharge without conviction — assault — Crimes Act 1961. The defendant appeared for sentence having been found guilty on one charge of assault. The defendant had been a serving police officer at the time and in the course of arresting a suspect, had caused that person's cheekbone to fracture resulting in surgery. The defendant applied for a discharge without conviction, on the basis that it would impact on his ability to travel, his future business or career prospects and his ability to hold a firearm's licence. The Court assessed the gravity of the defendant's offending as moderately serious. In relation to future travel ability and business prospects, the Court noted that, if convicted, the defendant would not be precluded from international travel or conducting business, merely that a conviction would make these more difficult. The Court also noted that a conviction should not preclude the defendant holding a firearms licence, but that this was a decision for the relevant body. The Court determined that the consequences of a conviction were ordinary consequences and not all out of proportion with the gravity of the offending. The application for a discharge was declined and the Court entered a conviction. The Court also ordered that the victim be paid $4000 in emotional harm reparation. Judgment Date: 26 June 2023.
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