Case Study

This client was charged with assaulting her ex-partner. However, she maintained that she was the victim of domestic abuse and had been abused by her partner on the day in question, not the other way around.  Unfortunately, she was found guilty at trial, but we were able to achieve a discharge without conviction for her.

A discharge without conviction can be applied for when a person either pleads guilty or is found guilty. The legal test requires that the consequences of a conviction are out of all proportion to the gravity of the offending.  What this means in short is that the impact of a conviction on them is balanced against the seriousness of what they did. If the impact of the conviction is “out of all proportion” then a discharge without conviction can be granted.  This means the person is effectively acquitted of the charge and do not the conviction on their record.

Ordinarily for an application for a discharge without conviction would required detail of the client’s remorse for what they have done.  Normally, we would submit that the gravity of the offending is lowered by the work they have put in to address the cause of their offending, giving assurance that the offending will not happen again.

However, our client maintained her innocence, so she could not establish any remorse for something she maintained she did not do.  We wanted to protect her right to appeal the result of the trial in case the application for a discharge without conviction was declined, whilst still putting the strongest application forward.

In order to do this, we sourced an expert report from a social worker that specialises in battered women and the counterintuitive behaviours of domestic violence victims. The report established for the sentencing judge the history of abuse she had faced from her partner, explained the counter-intuitive behaviours that victims of domestic violence exhibit – particularly in a stressful situation such as a trial – and outlined the consequences a conviction would have on her.

We consider that the report sourced for our client made a huge difference to the outcome of this case. Because of the report, the Judge was able to have the full background context of her relationship with their ex-partner. This would have helped the Judge understand why a conviction would have such an impact on her future.

Our client has  reported that since receiving the discharge without conviction, she has become so much more confident in herself.  As part of the preparation for her sentencing, we helped her enroll in counselling that was specifically targeted for victims of domestic violence.  She decided to continue going to counselling even after her sentencing.  Our client has stated that the discharge has made a tremendous impact on her life and her outlook for the future.