Strangulation and Assault Charges

Background

Mr Yu faced serious violence charges including strangulation and assault with intent to injure, both carrying significant penalties and conviction consequences. As a businessperson requiring frequent international travel, the potential impact of convictions on his professional activities and border crossings was particularly concerning.

The Challenge

This case presented multiple legal and practical challenges requiring strategic resolution:

• Strangulation charge: Serious violent offence with substantial penalties and conviction consequences

• Assault with intent to injure: Intentional violence charge carrying imprisonment risk

• International travel requirements: Business activities dependent on unrestricted border access

• Professional reputation: Potential career impact from violent convictions

• Immigration implications: Risk of visa restrictions and entry denials to various countries

  
  

Our Approach

We employed a multi-stage negotiation strategy, beginning with case review discussions that successfully convinced police to withdraw the more serious strangulation charge. Despite this progress, Mr Yu maintained his not guilty plea on the remaining assault charge, demonstrating our commitment to contest the matter if necessary. When the case proceeded to the Crown, we engaged in further discussions that resulted in a charge reduction to assault on a person in a family relationship. Following this negotiated outcome, we prepared and presented a comprehensive discharge without conviction application, emphasizing the disproportionate impact that a conviction would have on Mr Yu's business travel requirements.

Outcome

Through strategic negotiation and advocacy, we achieved:

• Strangulation charge withdrawn: Most serious charge completely dismissed

• Charge reduction: Assault with intent to injure reduced to assault on a person in a family relationship

• Discharge without conviction granted: No conviction recorded despite guilty plea

• International travel preserved: Business activities and professional mobility maintained

  
  

Significance

This case demonstrates effective multi-stage advocacy, from initial charge negotiations through to sentencing submissions. The successful discharge without conviction application shows how personal and professional circumstances can be effectively presented to achieve outcomes that balance accountability with proportionate consequences, particularly where convictions would have disproportionate impacts on legitimate business activities.