Common Assault
Common Assault is the least serious form of assault. Threatening to harm or spitting on a person is considered a common assault. Likewise hitting, punching or kicking a person is also a Common Assault where there was no bodily harm or injury to the victim.
If you are charged with assault, you will have to go to Court. If convicted by the Court, you will have a criminal record, and you may face imprisonment.
An experienced assault lawyer may be able to persuade the Courts not to record a conviction against you and have the matter dealt with by way of a “section 10” or a no-conviction Conditional Release Order.
ABH – Actual Bodily Harm
Actual bodily harm is a temporary or permanent physical or psychiatric injury inflicted by one person on another. If you are charged with ABH, the penalties can be harsh.
A conviction for Actual Bodily Harm can result in 5 years imprisonment for assault resulting in wounding. A penalty of up to 7 years imprisonment is possible and if the offence is carried out in the company of another person, up to 10 years imprisonment may apply.
GBH – Grievous Bodily Harm
Grievous bodily harm occurs where the accused has maliciously inflicted a severe injury on someone. These offences occur when serious injury is occasioned and often involves the use of a weapon. GBH offences are not confined to intentional acts but also encompass “reckless” acts.
These offences are far more serious than Common Assault or ABH and will generally result in a custodial sentence on conviction. Standard non-parole periods apply.
Grievous Bodily Harm with Intent
This class of offences is the most serious of assaults that are just below an attempted murder charge and carry severe penalties. This assault is committed with a clear intention of causing a severe injury.
If convicted of Grievous Bodily Harm or Wounding with Intent, penalties of up to 25 years imprisonment are not uncommon.
Assault Police
Assaulting or harassing police when they are in the execution of their duty, even if in self-defence, is viewed very seriously by the Courts.
Quite often, the slightest contact with a police officer in the execution of their duty will result in you getting charged for assaulting police. You may have been wrongly charged with assaulting police, particularly when you have been injured or assaulted by a police officer.
We can build a strong defence for you if you feel wrongly charged with this offence.
COMMON ASSAULT- (LPC: 244/64782)
Crimes Act 1900, Section 6
Maximum Penalty:
› Local Court: 2 years imprisonment, and or a fine of $5,500.
› District Court: 2 years imprisonment.
ASSAULT OCCASIONING ACTUAL BODILY HARM - (LPC: 243/64780)
Crimes Act 1900, Section 59(1)
Maximum Penalty:
› Local Court: 2 years imprisonment, and or a fine of $5,500.
› District Court: 5 years imprisonment.
ASSAULT OCCASIONING ACTUAL BODILY HARM IN COMPANY - (LPC: 64781)
Crimes Act 1900, Section 59(2)
Maximum Penalty:
› Local Court: 2 years imprisonment, and or a fine of $5,500.
› District Court: 7 years imprisonment.
RECKLESS WOUNDING - (LPC: 77102/77103)
Crimes Act 1900, Section 35(4)
Maximum Penalty:
› Local Court: 2 years imprisonment, and or a fine of $11,000.
› District Court: 7 years imprisonment, with a 3 year standard non-parole period.
RECKLESS WOUNDING IN COMPANY - (LPC: 77100/77101)
Crimes Act 1900, Section 35(3)
Maximum Penalty:
› Local Court: 2 years imprisonment, and or $11,000 fine.
› District Court: 10 years imprisonment, with a 4 year standard non-parole period.
CAUSE GRIEVOUS BODILY HARM TO PERSON WITH INTENT - (LPC: 63628/64738)
Crimes Act 1900, Section 33(1)(b)
Maximum Penalty:
› District Court: 25 years imprisonment, with a 7 year non-parole period.
› Supreme Court: 25 years imprisonment, with a 7 year non-parole period.
RECKLESS GRIEVOUS BODILY HARM - (LPC: 77098/77099)
Crimes Act 1900, Section 35(2)
Maximum Penalty:
› Local Court: 2 years imprisonment, and or a fine of $11,000.
› District Court: 10 years imprisonment, with a 4 year standard non-parole period.
RECKLESS GRIEVOUS BODILY HARM IN COMPANY - (LPC: 77096/77097)
Crimes Act 1900, Section 35(1)
Maximum Penalty:
› Local Court: 2 years imprisonment, and or a fine of $11,000.
› District Court: 14 years imprisonment, with a 5 year standard non-parole period.
ASSAULT POLICE OFFICER IN EXECUTION OF DUTY (without Actual Bodily Harm) - (LPC: 21705)
Crimes Act 1900, Section 60(1)
Maximum Penalty:
› Local Court: 2 years imprisonment, and or a fine of $5,500.
› District Court: 5 years imprisonment.
ASSAULT POLICE OFFICER IN EXECUTION OF DUTY (cause Actual Bodily Harm) - (LPC: 21709)
Crimes Act 1900, Section 60(2)
Maximum Penalty:
› Local Court: 2 years imprisonment, and or a fine of $11,000.
› District Court: 7 years imprisonment, with a 3 year standard non-parole period.
We are here to help
Fourtree Lawyers have extensive experience defending clients on the Central Coast facing assault charges in Court. From minor Common Assaults to those resulting in serious injury.
Your lawyer can explain and guide you through the entire Court process and work with you to minimise the legal ramifications of your offence.
If a Section 10 or a no-conviction Conditional Release Order is not appropriate, our assault lawyers can help reduce any penalties, minimise any fines you may face and help you avoid or minimise a gaol term.
Contact our Central Coast Lawyers on 1300 529 444 as soon as possible. The earlier we can start building the strongest case possible, the higher your chance of getting the best outcome.
If you wish to plead “guilty”, we will explain the reasons for the offence, including any exceptional circumstances particular to your case, to enable the court to take everything into consideration when making a determination.
Possible defences for Assault may include:
- Duress – where the victim threatened to harm you, your family
- Self-defence – you were defending or protecting yourself
- Provocation – you were provoked by the victim
- Necessity – where you or someone else was in imminent peril
- Lawful correction – correcting or punishing a child
Call our Assault Offence Specialists on 1300 529 444 or a free case assessment to see if any of these defences apply.
In NSW the following penalties can be imposed by the Court for Assault Offences
- Section 10 (1)(a)
- Section 10 (1)(c)
- Conditional Release Order - without conviction
- Section 10A
- Fine
- Conditional Release order - with conviction
- Community Correction Order
- Intensive Correction Order
- Up to 25 year’s imprisonment
To determine which likely penalties apply, call our Assault Offence Specialists on 1300 529 444 or a free case assessment.
Oct 14, 2020
Kevin was very helpful,and I was very happy with the final result on the day,thanks again Kevin,and thanks Fourtree Lawyers!
Sep 17, 2025
In my time of need, Fourtree Lawyers managed my matter with the utmost professionalism and tact. I didn’t know what I didn’t know, or even where to begin, but they took the time to explain my situation in a way I could clearly understand. They laid out all of my options, giving me the knowledge and confidence to make informed decisions that helped to turn a very ... ... ... difficult situation around. By following the advice of Fourtree Lawyers and their dedicated team, the outcome I received was far better than I had hoped for. They went above and beyond for me, and I will always be grateful. Thank you, Fourtree Lawyers, from the bottom of my heart. Adam read more read more read more
Aug 16, 2025
Was very pleased and found that they were very professional and were very good help !
Aug 7, 2025
We cannot thank Denise McCarthy enough for her outstanding support and guidance throughout our case involving logbook offences. From the beginning, she was professional, knowledgeable, and genuinely committed to helping us achieve the best possible outcome. Denise made the whole process far less stressful by clearly explaining everything, keeping us informed, and... ... ... advocating strongly on our behalf. Thanks to her hard work and expertise, we had a positive result that we’re extremely grateful for. We highly recommend Denise to anyone needing legal assistance – she truly goes above and beyond. read more read more read more
Aug 7, 2025
Denise did an outstanding job representing me in a recent traffic case. I contacted her just days before my court date in Gosford, and she quickly developed a smart strategy - starting with moving the case to a court closer to home, giving us more time to prepare. On the day of the hearing, we were surprised by very old traffic offenses from over 10 years ago. De... ... ... nise stayed calm and argued effectively that these shouldn't count against me, convincing the judge to treat it as a first offense. Thanks to her quick thinking and professionalism, I received a far more lenient outcome than expected-a 9-month bond. Denise is sharp, strategic, and genuinely invested in her clients. I highly recommend her to anyone facing a traffic matter or needing strong legal representation. read more read more read more
Jul 30, 2025
A big thank you to Kevin and Murray for all your help with my Fathers legal matter. Great result today which could not of been achieved without you. So grateful for all your assistance.
Jul 27, 2025
Fourtree lawyers were excellent! For any traffic related infringements definitely ask for Cidney, she went above and beyond to help my son- very professional, excellent communication and well prepared. We were very happy with the advice and outcome.
Jul 24, 2025
I can’t recommend Kevin and his firm highly enough. From the moment I called, his receptionist was polite, efficient, and got things moving quickly. True to his word, Kevin called me back that same night. He took the time to really listen, then broke everything down in plain English—no legal jargon, just straight talk. He walked me through each part of my situati... ... ... on, clearly explaining my rights, where I stood legally, and what options I had moving forward. We spoke for nearly an hour as part of the free initial consult, and not once did he rush me or sugarcoat things. He gave me the facts, the risks, and a realistic view of what to expect. If you’re looking for honest legal advice—or even if you’re just unsure where you stand—this firm is absolutely worth speaking to. read more read more read more
Jul 24, 2025
Both Kevin and Cidney were great to deal with. They were a good support and soundboard during the process.
Jun 26, 2025
I called Fourtree Lawyers today hoping to set up an appointment for some general advice. Kevin kindly had a phone discussion with me which in short time clarified my situation and eased much of the anxiety I was feeling. He offered clear information with the offer of a face to face appointment should my situation change. I was very impressed and would certainly n... ... ... ot look further than Fourtree Lawyers in the future. Thank you Kevin! read more read more read more
Jun 25, 2025
Unbelievable service. Out come was better than I could have hoped forI will use them again if the need arises
Jun 11, 2025
Very good and professional service,would recommend them highly
Jun 10, 2025
I was extremely anxious regarding my case, but I took the advice of Arabella at Fourtree Lawyers and my case turned out better than expected. I am so grateful for taking her advice. You are in good hands with Fourtree Lawyers.
Jun 6, 2025
I’m very grateful for the support I received from Kevin Vierboom. He took the time to really listen to my situation and made me feel heard throughout the process. Everything was explained clearly and with care, which gave me confidence in the decisions I needed to make. I wouldn’t hesitate to recommend them to anyone facing a complex employment issue.
Mar 30, 2025
Mar 10, 2025
I recently had the pleasure of working with Denise McCarthy, and I couldn't be more impressed. Her expertise and dedication to achieving the best possible outcome for me are truly exceptional. Despite the challenges of my case, Denise's meticulous preparation and focused approach led to an outstanding result. I highly recommend her to anyone seeking a skilled and... ... ... compassionate lawyer. Thank you, Denise, for your professionalism and care throughout this process. read more read more read more
Jan 29, 2025
To Alison, Thank you for your hard work for my case. Word can't express how much my family and I being so grateful. It was a great outcome I could ever asked. Thank you
Oct 11, 2024
I had a consult with Kevin. He was incredibly knowledgeable and helpful. I have used this solicitors services and as always it remains top tier. Best on the central coast and newcastle area.
Sep 25, 2024
I had a really positive experience with Denise and Fourtree Lawyers. I had to attend court for a Midrange PCA matter and decided it would be best to engage a professional to represent myself. I contacted 13 different legal professionals in the area giving a brief description of my matter to try and choose who would be best to represent me. Upon submitting my inqu... ... ... iry to Fourtree, Denise was proactive in reaching out and contacted me the next day to briefly discuss the services she provides and how she could assist in the matter. She took the time to listen and make suggestions without the obligation of professional engagement, this showed that she was willing to help in a way where I wouldn't be seen as just another number but a client that she actually cared about. In the end, I decided to engage in Fourtree's legal services due to Denise's extensive experience, personability, professionalism and the company's general persona. She provided me with a general understanding of court proceedings and advised me on the typical, reduced, and expected punishments. She also supplied me with information as to what I must do and how to best prepare for court. She did a great job to not just tell me what I wanted to hear or make false promises but instead advise me of the reality of the matter and that I must have realistic expectations for punishment. On the day we attended the court, with all the work she and I had done, and a massive amount of luck, I managed to receive a Section 9 - Good Behaviour Bond. This was an incredible outcome and far better than what either of us had expected! Thank you so much to Denise and the team at Fourtree Lawyers. Denise did an incredible job of being sincere in her practice and ensuring I felt heard. Legal proceedings are confronting but I felt comfortable in the presence of Denise and I knew that whatever the outcome, it would be the best achievable. read more read more read more
Sep 2, 2024
A big thank-you . A very stressful time was handled with professionalism and care. Keep up your fine work Dean and family
Aug 21, 2024
I was more than happy and pleased with the arrangement made as they were the only things i was guilty of, The plea agreements were finalised by Hannah to the best of her ability and it couldn't have gone any better. thank you, God Bless
Aug 14, 2024
Absolutely amazing, awesome and a total professional. Thank you. 5 + Star rating. Thank you. Ofeina Newcastle )
Aug 5, 2024
I am thrilled to share my wonderful experience with my lawyer, Denise. From our first meeting, she was not only professional but also incredibly friendly and approachable. Denise handled every detail of my case with such care and expertise, making sure nothing was overlooked. Throughout the entire process, Denise was always there for me. She kept me updated at ev... ... ... ery step and answered all my questions with patience and clarity. Her genuine care and dedication made me feel completely supported and confident. Thanks to Denise's hard work and skill, I achieved the best possible outcome in my case. I couldn't be happier with the results. If you're looking for a lawyer who is both knowledgeable and compassionate, I highly recommend Denise. She truly went above and beyond for me. read more read more read more
May 21, 2024
Luke Del Monte he deserves a good damn order of Australia for the exceptionally great service he did for me. This company is worth every penny they were paid. All I can say is that if you need representation give them a call and the service and time they invest is amazing. Thank you so much everyone! Sabrina James, Jane hogan and all the other staff I have had co... ... ... ntact with. Thank you so much!! read more read more read more
Mar 27, 2024
Denise handled my case which potentially would attract substantial fines and whatever else the courts could throw my way. She took a 10 min conversation we had and turned it into a defense that resulted in no conviction, no fine, plus I still don't know how she did that even though I was there. Fantastic, professional, knowledgeable and very capable, can only hig... ... ... hly recommend, should have 6 star provision available read more read more read more
Mar 7, 2024
I heartily urge anyone considering fourtree lawyers to give them a call. Luke Del Monte handled my case and gave me all the information I needed to move forward with it. We made the decision to enter a guilty plea with an explanation, and we moved forward with preparing my case. When my case was called in court, Luke took charge of it and handled it with professi... ... ... onalism. He would also advise me on what would happen at the hearing and what paperwork and testimony he would provide the magistrate. We received the punishment, and I was pleased with how my case turned out. I want to express my gratitude to Luke and the team for their excellent handling of my case and professional results. I would definitely recommend FourTree Lawyers if you're seeking for legal representation. Thank you once more to Luke and the rest of the team for taking care of my matter. read more read more read more
Feb 27, 2024
Feb 10, 2024
The office staff at the front desk, are very caring . I'm yet to go to court. I can comment further
Jan 22, 2024
I am so thankful I found Four Tree Lawyers, Denise was helpful right from the first phone call….. it was an easy experience right the way through with an Excellent outcome in court. HIGHLY recommend!
Dec 18, 2023
Dec 10, 2023
Please pass on my thanks to your entire team. This is the second time you have come through for me. I really appreciate the clarity, sensitivity, and integrity demonstrated by Luke Del Monte and Fourtree Lawyers on behalf of all parties to the case. You are an asset to the Central Coast Community.
Dec 4, 2023
Denise at Fourtree lawyers recently assisted my parents with a charge pertaining to the Transport industry. Her service was incredible and she approached the case with impeccable professionalism. We are very grateful to Fourtree Lawyers and their staff. They would definitely be our first pick if we required legal assistance in the future and we would highly recom... ... ... mend them to others. read more read more read more
Oct 1, 2023
Denise was fantastic and very thorough. She explained things simple and managed to get my friend Anastasia the minimum conviction which was a fantastic result . Thank you so much for your services .
Sep 10, 2023
I highly recommend Fourtree lawyers, in particular Denise McCarthy. Denise and her team at Fourtree were professional, friendly and made me feel at ease. Denise was great with any communication that needed to be had and took her time to explain all details of my situation to make sure I understood all that had to be done. The outcome of my case was the best resul... ... ... t we could have asked for and that all comes down to the fact Denise planned and executed with precision. Thank you again Denise and the Fourtree family. read more read more read more
Aug 23, 2023
vary happy with the service Luke provided with a great outcome achieved..
Aug 17, 2023
I got myself into a complete hot mess. Whilst I am in a position of bettering myself I had made a stupid mistake. It would be understandable for the courts to be pretty ruthless, however Denise was more than capable of explaining my situation to the judge, being down to earth enough to instruct me exactly what to do along the whole process without making me feel ... ... ... stupid and gave me a feeling of confidence throughout this whole ordeal. I could not recommend Denise and the team at Fourtree enough. Thank you so much. read more read more read more
Aug 12, 2023
Luke Del Monte handled my case with exceptional results. I cannot thank him and the team at Fourtree Lawyers enough.
Jul 20, 2023
Luke was wonderful. Very efficient. Stayed in contact throughout the process. The AVO was reduced from 24 months to 12 months with the best possible outcome. Cost was minimal. Had us in and out of the courtroom quickly. Very pleased with our results and would most certainly recommend FourTree lawyers. If we ever get put in an unfortunate position again we will de... ... ... finitely contact and ask for Luke. Many thanks. read more read more read more
Jun 14, 2023
I dealt with Luke Del Monte from Fourtree Lawyers, Luke was excellent from our initial meeting to the end process and I was extremely happy with the outcome.
Jun 2, 2023
Well the past close too 3 years I have been working with Bronwyn on my late fathers estate I have to say from the first meeting point of contact Jane then with Kevin and Bronwyn to nearly the end I have been very pleased with the way everything was handled and I am going to miss the little chats with everyone I really wish everyone the best you all work very hard... ... ... and always have empathy with your customers! We are not at the end yet but I had to leave a review because I’m very happy and recommend these guys 110%! read more read more read more
May 30, 2023
Highly recommend this company ( especially Luke Del Monte ) - their diligence and empathy is outstanding
May 17, 2023
Couldn't recommend enough the effort that they put in to not only reduce my sentence but to appeal the case entirely, my lawyer Denise was massive when it came to preparation aswell as amazing inside the court room. If it wasn't for Denise and fourtree lawyers I would be out of a job.
May 15, 2023
I was assigned Denise for my case for a DUI offence in which the outcome of my case was pretty much impossible to win. With her knowledge, experience and professionalism she somehow won my case and got my suspension overturned. She was amazing from start to finish and she really shined in the court room. She was in a league of her own compared to all the other la... ... ... wyers who were attending court that day and I felt that I had nothing to worry about. She is an asset to the law firm and would highly recommend. Everyone at the firm did a great job and I was thrilled with my outcome . read more read more read more
Apr 25, 2023
Great Service Thankyou
Apr 14, 2023
Excellent work on a traffic matter and a favourable outcome in court. Highly recommended.
Feb 19, 2023
I had a lawyer who was hopeless and i had no faith in winning, until i contacted four tree lawyers! I could not have asked for a more down to earth amazing lawyer who infact won my case! Ofiena u are awsome and i thank you greatly! I look forward to working with ofiena in the future!
Feb 18, 2023
Very pleased with the attention and service provided by fourtree ..the communication was fantastic and having the team and Denise McCarthy assist with my matter concluded a favourable outcome..I can not be grateful enough for the efforts and level of dedication provided by all members for fourtree and would recommend anyone with a legal matter to seek assistance ... ... ... from this organisation without hesitation. I must thank Denise for her professionalism and preparation towards my matter 10/10. read more read more read more
Feb 8, 2023
If only there were more stars to choose, I would be highlighting all of them. From the very first phone call I made to the Manager Jane Hogan who instantly calmed my anxiety, through to my dealings with my professional and very approachable lawyer in Denise McCarthy, Fourtree Lawyers were exceptional. Denise fought for me every step of the way, despite the fact t... ... ... hat achieving a favourable outcome looked grim. My situation involved me committing a traffic infringement while on a good behaviour bond and with a long & messy driving record we were up against it. However with honest & clear advice, in gathering a defence together, Denise approached this with gusto. Every factor that could help was looked at. In the end, Denise got an outcome that not only saved my licence but no financial penalty was applied. I was overjoyed with the result. So glad that I chose Fourtree lawyers to fight on my behalf. Thank you. read more read more read more
Jan 30, 2023
Denise at fourtree helped me greatly. I was so impressed!! Definitely recommend. Thanks so much
Jan 23, 2023
My son Craig chose Luke Del Monte to represent his case, he couldn't have chosen a better person to represent him. He won his case, he is a very approachable and likeable person but very professional at the same time. We are very grateful for all his hard work and have no hesitation in recommending Luke to anyone needing good legal representation. Respectfully Yo... ... ... urs Craig and Pene Scott read more read more read more
Jan 15, 2023
If you ever find yourself in the unfortunate situation of needing legal advice and support, look no further. The staff at Fourtree Lawyers have provided my family with professional and emotional support any time of the day or night. They are available 24 hours a day, even on public holidays. Fourtree Lawyers worked long and hard over several years (partially due ... ... ... to covid delays) to achieve the best possible outcome. It was dismissed with no conviction recorded. I truly believe this ultimate result was due to the knowledgeable and professional staff at Fourtree Lawyers who engage the best Solicitors, Lawyers, Personal Assistants and the most amazing Barrister. The Barrister presented to the Court in a way no other one could which enabled the Magistrate to gain a legitimate and detailed understanding of the whole situation to make his final Judgement. I don't believe any other Law Firm could have done a better job than Fourtree Lawyers due to their prompt, professional, knowledgeable and emotional support. They really deserve a holiday! read more read more read more
Dec 6, 2022
Nice and friendly
Nov 5, 2022
Experienced, insightful & professional. Kevin represented me on an Avo & Bail breech matter & i was very satisfied with the outcome. I found him to be very helpful with my matter. He was experienced, insightful & professional. He got me a good result i was more than happy with. I highly recommend Kevin & the team at Fourtree Lawyers.
Nov 2, 2022
Denise was outstanding! Very prompt in communicating with me as I needed. She was well prepared and helped me put together a strong case that led me to not getting any conviction on my record. I cannot recommend Denise enough, she is just what is needed when you are facing very hard situations. Thank you Denise!
Sep 29, 2022
Thank to Kevin and Jane for all their help. A great result. Kevin took the time to explain all of my options, and was incredibly knowledgeable about my case. Thank you!
Sep 21, 2022
Sep 15, 2022
Gave great advice to my son during a stressful time. I’d recommend.
Sep 15, 2022
Very Happy with the service provided. Luke handled my case with high professionalism.
Sep 14, 2022
Fourtrees and Jamie Clemments in particular have been absolutely fantastic. Have offered expert opinion, advocacy and legal advise second to none in a genuinely caring and concerned manner. Couldn’t recommend highly enough
Aug 16, 2022
James Clements is an excellent lawyer who helped me with a very difficult case. I was acquitted and I couldn't thank him enough for his help. He was very knowledgeable and worked hard to get the best result possible. I would highly recommend him to anyone who needs legal assistance.
Aug 8, 2022
Extremely happy with Denise from Fourtree Lawyers could not have had a more articulated and professional lawyer to get me the non conviction outcome handed down by the magistrate. Thank you so much Denise.
Aug 5, 2022
I have had several bad experiences with law firms, however this was not one of them. I highly recommend them if you are needing legal advice for a difficult matter. Kevin and staff were wonderful.
Jul 21, 2022
Fourtree Lawyers - very happy with the friendly team right from first phone call, knowledgeable and professional. The whole matter handled extremely well.🙏🙏
Jul 5, 2022
Excellent
Jun 6, 2022
James Clements from Fourtree Lawyers achieved a great result for us. He saw the need, took the case on and progressively and reliably worked through what we needed to do, including bringing in additional experts when needed. They believed in us and our case, and cared. We were supported by specialist knowledge of the law. We felt the confidence that we would come... ... ... to a just resolution and that the focus at all times was on achieving this. Thank you James Clements and Fourtree. Fantastic. read more read more read more
Apr 6, 2022
I had Denise at Fourtree for my Mid range DUI charge.Denise was outstandingly professional and took my personal court matters with herself as personal and had performed everything possible in hard work and professionalism to get the minimal result in court with myself having many priors.I will use Fourtree and Denise at the very first option for all court matters... ... ... and recommend anyone going to court to choose Denise first. read more read more read more
Mar 6, 2022
I cannot highly recommend Four Tree Lawyers enough, from the initial consultation call with Kevin, Four Tree Lawyers acted in a highly professional, compassionate and hardworking manner whilst dealing with my matter.Having never needed the services of a lawyer before, i was extremely stressed and nervous about finding a suitable lawyer to represent myself and obt... ... ... ain the best possible result.I was appointed Denise McCarthy to represent myself and Wow! She was amazing, open and honest and gave me a complete run down of the situation and possible outcomes. Denise did not sugar coat the situation which i immediately respected and in turn put me at ease. Denise was always only a phone call away should i ever have any questions throughout.On the day, Denise represented my matter in a truely highly organised and professional manner which led to the best possible outcome.Should i require the services of a lawyer in the future, i would have no issues in picking up the phone again to reach out to Four Tree Lawyers.Kevin, Denise and the whole Four Tree team offer an amazing service. 5 star service all round. read more read more read more
Feb 6, 2022
Unbelievable, Fourtree Lawyers are amazing, from the moment I called them feeling stressed and extremely upset about having to attend court for drink driving, they were there the whole way supporing me through the process and Making me feel at ease with the situation, so professional and friendly, considering the trouble I was in, they pulled me out of the whole ... ... ... I put myself in, Couldn't of done it without Kevin, thank you Fourtree Lawyers for being by my side and getting the best outcome possible, read more read more read more
Dec 6, 2021
Kevin, Jane and the whole team guided me through every stage of my case. At all time’s Kevin made me feel at ease, explained options, and advised the best course of action. My case took many months before I was able to obtain an outstanding result. I would have no hesitation to refer anyone to Fourtree LawyersMany thanksMichael Burgin
Nov 6, 2021
I would highly recommend the team at Fourtree Lawyers. Every experience I had with the Fourtree team gave me the confidence to know I was being treated fairly and in a transparent matter. Before making the decision to engage Fourtree I read over 100 reviews and I can confirm the accuracy of comments like under-promised and over-delivered which often appeared. T... ... ... hrough the good work of the Fourtree team I reviewed a far better outcome than I could have hoped.At every stage during this process I felt supported and that I was being treated with honesty and respect. At a point in my life when I was unable to sleep for days due to the stress of the matter I was accused of, Kevin took the time to talk me after hours ( around 9pm) and offer me some advice, he didn’t pressure me for a payment or insist I call back in the morning to make an appointment, he helped me put things into perspective right then and there which allowed me to sleep that night without being worried sick about what I was facing. The reviews I read about Kevin described him as extremely knowledgeable and a formidable defender you would want on your side, I am pleased to say this was the impression I was also left with, I felt safer knowing Kevin was on my side.Denise McCarthy of Fourtree Lawyers soon took over my case, Kevin explained she would be representing me in court, although initially I was worried that Kevin wasn’t personally handling matter, I had also read of Denise’s legal prowess and she soon proved to me through her actions that her reputation was well deserved. I cannot speak highly enough of Denise and the work she has done for me. Throughout every stage she was available, she was understanding and provided me with an honest assessment of what I could expect. I can provide no greater praise than to state unequivocally that Denise truly understood my side of the story and went above and beyond all reasonable expectations to ensure that my defence was presented in the most professional manner. I agreed with every thought and action Denise submitted, the only difference was Denise was able to say it better and provide legal evidence to prove my point for me. I am truly grateful for Denise’s empathy and professionalism, she is an incredibly intelligent solicitor who genuinely cares. read more read more read more
Nov 6, 2021
Oct 6, 2021
As this was my first time being charged with a criminal offensive, I was so worried about my future and spoke to so many different solicitors until I found fourtree lawyers. Luke Del Monte at this law firm is a very confident solicitor, he aimed for the best possible outcome for me and with his support he made me feel less anxious of the situation. He honestly di... ... ... d such a great job and I was very happy with results. I can’t thank him enough. You will not regret having Luke Del Monte representing you. Thank you Jane for the very fast responses when I needed help. I would highly recommend fourtree lawyers to those who need it, the costs are very affordable too! read more read more read more
Aug 6, 2021
I was blessed to be represented in a driving infringement involving a mobile phone by Fourtree Lawyers, and in particular by Denise McCarthy who was able to give supportive, grounded and productive advice in preparation and secure a best case scenario outcome on the day in court. In addition the team of Kevin Vierboom and Jane Hogan were supportive in taking on ... ... ... this case in the first place, and in their preparatory work. Thank you to Denise, Kevin, Jane and Fourtree. read more read more read more
Jul 6, 2021
Fourtree Lawyers helped me with a difficult matter. They were efficient and trustworthy.I believe they were the reason I managed to have such a great outcome . Reasonably priced.Luke Del Monte was my representative and the advice he gave as to what to plead and when was perfectly judged . He under promised and over delivered , rather than the other way aroundas s... ... ... o often happens .Wholeheartedly recommend this firm . read more read more read more
Jul 6, 2021
Thank you Bronwyn, Amelia and the team at Fourtree for your assistance, advice and reassurance throughout the Settlement process, it has been significantly less stressful than I was anticipating and much appreciated.
Jul 6, 2021
My experience with Fourtrees Lawyers and especially Kevin Vierboom and Luke Del Monte was amazing. They were able to provide me with the best possible outcomes imaginable. They were awesome to deal with, both very knowledgeable and reassuring and helpful along the way. I would highly recommend them to anyone seeking high quality professional legal advice. Money w... ... ... ell spent. Can’t thank you guys enough read more read more read more
Jul 6, 2021
I had an amazing service from these guys on a settlement agreement, they were way better priced than anyone else I spoke with. When I got there they were on time, very polite and professional it was honestly a big relief to speak to people that felt like humans and weren't trying to milk me for money.
Jul 6, 2021
I needed advice regarding an AVO application. Luke DeMonte at Fourtree Lawyers impressed me with his down-to-earth approach, sincerity and professionalism - not something I experience every day! Luke didn't fob me off like most lawyers would do. Thanks to Fourtree Lawyers.
Jul 6, 2021
I Am extremely Happy with the service and Outcome provided By Kevin and His Team, In particular My representaion By Denise McCarthy. Always Promt and professional. I would not Hesitate to engage Fourtree's Services again if needed.
Jul 6, 2021
It was a saving grace being represented by Mrs Denise McCarthy, She showed immense dedication to my case and put together a compelling brief that was excellently delivered to the the judge,Highly RecommendedThank you so much Denise,& Fourtree Lawyers
Jul 6, 2021
The team at Fourtree Lawyers were very professional, compassionate and hard working. They have an excellent understanding of Heavy Vehicle laws and got the best possible outcome for our case.
Jul 6, 2021
Extremely happy with the service from Fourtree Lawyers.I had the pleasure of Denise representing me regarding heavy vehicle traffic andwork diary offences and because of her extensive knowledge regarding the forever changing heavy vehicle law was able to achieve an outstanding result.
Jul 6, 2021
Extremely happy with the result Denise managed to get for our company. The magistrate said he would normally have imposed a $5000 fine for the heavy vehicle offence, but the quality of Denise's submissions and representation helped reduce the fine to $500. Could not be happier. Highly recommend using Fourtree Lawyers. The service was nothing short of excellent.
Jan 14, 2021
Called for advice, they delivered. No charge. I'll definitely call Kevin if I get in any trouble.
Jan 14, 2021
Denise was my Lawyer for my heavy vehicle speeding matter, she was very thorough and made sure I had all the info I needed for my day in court. On the day she was very professional and did an exceptional job in the court room and my belief is she is the only reason I walked out of court with a section 10 granted by the Majestrate. I highly recommend the services ... ... ... of Fourtree lawyers for any heavy vehicle related matters.. thanks again Denise. read more read more read more
Nov 14, 2020
Nov 14, 2020
After being charged by police with assault and other charges, which did not happen i was terrified my life was going to be torn apart. Kevin was amazing. Not only did he get a better result than expected he always kept me in the loop, calling me constantly to let me know what to expect and what was happening. I couldn't recommend Kevin and his team at fourtree la... ... ... wyers enough. Their compassion and dedication to their clients is second to none. Thank you to the entire team for helping me reclaim control of my life read more read more read more
Nov 14, 2020
Very honest, helpful and supportive during a tough time.Highly recommend
Oct 14, 2020
Outstanding service and commitment delivered by Kevin & Denise of Fourtree Lawyers.A very satisfied client indeed.The level of understanding and dedication in ensuring the best possible outcome, are second to none.Can not speak highly enough of the team at Fourtree Lawyers.Many Thanks !
Oct 14, 2020
Very efficient, well structured meeting to manage affairs. Have recommended to friends. Price schedule competitive for local area.
Oct 14, 2020
Great advice and super efficient.
Oct 14, 2020
Wow! I could not be more satisfied with the services I received.I found myself facing multiple charges and never had been through the court system before, I was terrified.I had limited time to organise and find myself legal help and Fourtree Lawyers were a saviour.I received quality communication throughout the process from Jane, Kevin and Joseph.They all explain... ... ... ed my situation in words that I could understand, always treated me with respect and were committed to helping me achieve the best possible outcome.I have no hesitations on recommending Fourtree Lawyers to anybody in need.I cannot thank Fourtree Lawyers enough 🙂🙂 read more read more read more
Oct 14, 2020
I recently needed the services of a Lawyer for a court appearance on a traffic related matter. Using a website that would put my needs out to some local Lawyers, I was contacted within 20 minutes by several Law firms. After having a quick discussion with three firms I decided to go with Four Tree Lawyers.Glad that I did because from the outset I was treated wit... ... ... h professionalism and courtesy. Kevin conducted the initial interview and from there I was put in the hands of Denise McCarthy.Denise had the experience to get to the meat of the matter and form an impressive strategy. All the staff that I had dealings with seemed to be genuinely interested.My work situation depended on the result of the case, and I can confirm that all is very well.Thanks to all at Four Tree! read more read more read more
Oct 14, 2020
Denise was brilliant! Can't thank her enough. It was very relieving and comforting to have someone care about your situation as much as you do yourself.
Oct 14, 2020
Very happy with the friendly team at fourtree lawyers.Between Jess and Denise my matter was seen to very professionally and results were met! I would not Hesitate To use There services again.
Oct 14, 2020
Today i was represented by Luke Del Monte and i must say he dealt with the matter very professionally and to the point, i am very grateful for the wonderful outcome, Thank you Luke truly appreciated.
Oct 14, 2020
Very happy with how everything was organized and at a fair price. Very professional highly recommend,Thank you Denise for representing me
Oct 14, 2020
I was unexpectedly served with an application for an AVO which potentially could have meant losing the right to see my beloved grandchildren for 2 years.After some research I contacted Fourtree Lawyers and was put in touch with Luke.Luke was professional, patient, responsive, diligent and thorough. He made this very emotional process very easy. His hard work and ... ... ... excellent legal representation resulted in an unequivocal win for me. The application for AVO was withdrawn. The whole matter was dealt with very quickly and cost effectively.I now mean to engage a Fourtree family law specialist to explore grandparental visitation rights. read more read more read more
Oct 14, 2020
Unfortunately I found myself for the first time in my life in a bit of a legal situation. If it wasn’t for Kevin I don’t know what would of come of my family’s safety. His compassion and understanding was second to none and his ability to ease my stress with his unquestionable experience and knowledge was a god send. To represent me in court and be my voice, I co... ... ... uldn’t have asked for a better lawyer. He fought for me and won and I’ll be always grateful. From someone who doesn’t know anything about court processes etc he truly was amazing.I can’t recommend Kevin and all the staff at Fourtree enough to anyone seeking professional service. read more read more read more
Oct 14, 2020
I couldn’t recommend Fourtree Lawyers more. My lawyer Denise was available to contact 24/7 and helped me throughout the whole legal journey. The professionalism and thoroughness I experienced was immaculate from reception staff to lawyers making the whole process an ease.
Oct 14, 2020
Kevin was very helpful,and I was very happy with the final result on the day,thanks again Kevin,and thanks Fourtree Lawyers!
Sep 17, 2025
In my time of need, Fourtree Lawyers managed my matter with the utmost professionalism and tact. I didn’t know what I didn’t know, or even where to begin, but they took the time to explain my situation in a way I could clearly understand. They laid out all of my options, giving me the knowledge and confidence to make informed decisions that helped to turn a very ... ... ... difficult situation around. By following the advice of Fourtree Lawyers and their dedicated team, the outcome I received was far better than I had hoped for. They went above and beyond for me, and I will always be grateful. Thank you, Fourtree Lawyers, from the bottom of my heart. Adam read more read more read more
Services
- Affray & Public Violence
- APVO | ADVO
- Assault Offences
- Bail Applications
- Break & Enter
- Centrelink Fraud
- Contravene | Breach AVO
- COVID-19 Penalty Notices
- Criminal Appeals
- Destroy Damage Property
- Drug Offences
- Firearms & Weapons
- Fraud Offences
- Larceny & Stealing
- Legal Aid NSW
- Murder & Manslaughter
- Offensive Behaviour
- Police Pursuit (Skye’s Law)
- Resist | Assault Police
- Section 10 Dismissal
- Section 14 Mental Health
- Sexual Assault
- Stalk | Intimidate
Testimonials
Kevin and Jane are without a doubt 100% there to support you through Your whole ordeal reassuring you all the way My experience from finding Fourtree Lawyers on Google in a fairly unsure position, reading the reviews to the successful outcomes was the only referral I had, believe me when I say you will be happy with their experience in all fields of law which is insurmountable and they will obtain the best favourable outcome in any circumstance. Fourtree Lawyers are there for you to bring things back into perspective...
“Kevin and Jane were my “knights in shining armour.” I can’t thank these two people enough. They gave their everything and most important believed me when I told them my story. I am forever grateful for their professional attitude and for giving 100% to free me from my nightmare. I was able to plead guilty but also most importantly was not forced to lie and compromise my integrity and own personal values and standards. I was very happy with the outcome and the way I was treated. They communicated constantly...
Had the most amazing experience with Fourtree Lawyers kevin vierboom who represented my partner was helpful and understanding and we got a great result better then expected ? jane hogan, I was so blessed to have her by my side. They are an amazing team and i would recommend them to everyone also great value for money. Especially considering i only called the morning of the court case and they were all over it at my bek and call thankyou so much guys im so appreciative for all your help today
I was lucky enough to have Kevin take my case and am truly grateful for the services he and his team provided. From the outset, I was made to feel comfortable and knew from the first time meeting with them that they would go above and beyond to get the best possible outcome and that is exactly what they did. Fourtree Lawyers provides exceptional service with outstanding results and I would recommend Kevin to anyone and everyone who is in need of these services.
Court Results
No conviction CRO | 2 x Common Assault (DV) | Wyong Local Court |
Our client is a 37-year-old female who lives on the Central Coast with her husband and 3 children. She works part-time and supports her husband who suffers from chronic back pain and is unable to work.
Our client had been in the middle of cooking a meal for her family when a relative entered her home and confronted her about a longstanding issue. A disagreement took place and a physical exchange ensued. Our client was charged with 2 counts of Common Assault. Each offence carries a maximum penalty of 2 years imprisonment and a $5,500. A conviction for an assault-related offence would have seen our client’s ability to work in aged care and be involved in her children’s school in jeopardy. Solicitor Denise McCarthy made submissions to the Magistrate as to our client’s sincere remorse, her previous good character, unblemished record and contribution to the community.
The Magistrate found our client guilty of the offence however without proceeding to conviction ordered him to enter into a Conditional Release Order with a 12-month good behaviour bond. This is similar to a Section 10(1)(b) under the new sentencing reforms. Our client was extremely relieved to be able to maintain her clean criminal record and to finally put this unfortunate incident behind them.
Case Dismissed | Affray, 2 x Assault Occasioning Actual Bodily Harm T2 | Gosford Local Court
Our client, a 24-year-old male who lives on the Central Coast with his partner, was charged with affray and 2 counts of assault occasioning actual bodily harm T2. The maximum penalties for these offences are 10 years imprisonment and 5 years imprisonment respectively. Solicitor Kevin Vierboom conducted negotiations with the police to obtain agreed facts in this matter. Mr. Vierboom made extensive submissions to the Court with regard to whether or not the conduct by our client was unlawful in the circumstances of this case. Following consideration of these submissions, the Magistrate formed the view that our client’s conduct was indeed not unlawful in the circumstances. The Magistrate dismissed the matter and our client was free to go. Our client was extremely grateful for the outcome of this case.
Charge dismissed | Assault occasioning actual bodily harm | Kempsey Local Court
Our client, a 44-year-old who is a FIFO mine worker in Perth and the Northern Territory, was charged with the offence of assault occasioning actual bodily harm. The maximum penalty for this offence is 5 years imprisonment and our client faced the prospect of losing his employment in the mines with a criminal conviction.
Our client entered a "not guilty" plea and Solicitor Kevin Vierboom represented our client in the defended hearing at Kempsey Court. Extensive submissions were made by Mr Vierboom during cross examination with regard to the timing, admissibility and strength of the prosecutions evidence before the Court. The Police Prosecutor vigorously defended their case however after consideration of the submissions, Magistrate Thomas dismissed the charges.
Our client was extremely relieved with the outcome and was able to move on with his life without the burden of a criminal conviction on his record.
Charges Withdrawn | Assault Occasioning ABH and Contravene ADVO | Gosford Local Court
Our client, a 27-year-old male who lives with his wife on the Central Coast. He was initially charged with Breach of AVO, Common Assault and Intentionally Choke. The maximum penalty for Intentionally Choke is imprisonment for 10 years. Our client was on a Student Visa undergoing an application to become a permanent resident and was at risk of being deported.
Solicitor Kevin Vierboom made extensive submissions to the Magistrate who ordered a 12-month Intensive Corrections Order. Our client was very relieved with this outcome. However, eight days after sentencing our client was accused of contacting and assaulting the victim which he strenuously denied. He was subsequently charged with Assault Occasioning Actual Bodily Harm (ABH) and Contravene an ADVO.
Our client was taken into custody and refused bail. The maximum penalty for Assault Occasioning ABH is 5 years imprisonment. At the Courthouse, Solicitor Kevin Vierboom entered into negotiations with the Police Prosecutor and the charges were eventually withdrawn due to lack of evidence.
Our client was extremely relieved. He was immediately released from custody.
Common Assault | Conditional Release Order without Conviction | Gosford Local Court
Our client is a 22-year-old male who lives on the Central Coast. He uses sign language as his main form of communication as he was born profoundly deaf. There were several challenges to overcome in relation to conferences with our client and at Court. An Auslan interpreter was arranged to appear with our client at each Court attendance in order to interpret the Court proceedings
Our client was charged with Common Assault following a dispute with his housemate who is also profoundly deaf.
The maximum penalty for the offence of Common Assault is a fine of $5,500 and/or imprisonment for 2 years.
Our client had never come to the attention of the Police previously and had never appeared before a Court. The thought of this process was very distressing for him and caused him considerable anxiety.
Principal Solicitor Kevin Vierboom made representations to Police to amend the ‘agreed facts’. Kevin attended Gosford Local Court for the sentencing and made submissions in mitigation of the penalty. Our client was found guilty, but without proceeding to conviction, and sentenced to a Conditional Release Order for 12 months.
Our client and his parents were overjoyed with the outcome and the fact that a conviction was not recorded against him. He is exceedingly happy that he can now put this experience behind him and move on with his life and career.
Charge dismissed | Common Assault T2 | Gosford Local Court
Our client is a 48-year-old male who lives on the Central Coast. He is employed as a cleaner and has 3 daughters. He had been in a 9-month relationship with a new partner (the alleged victim) up to the date of the alleged incident. Our client was charged with Common Assault under s61 of the Crimes Act 1900, an offence carrying a penalty of up to 2 years imprisonment and a $5,500 fine.
On the day in question our client picked up the alleged victim upon her return from Sydney. After driving her home, an altercation took place where an allegation of domestic violence (common assault) was made by the alleged victim. The alleged victim attended Gosford Police Station 6 days later.
Our client instructed us that he had not touched the alleged victim. The matter was set down for hearing at Gosford Local Court on the 4th October 2018. Our solicitor Kevin Vierboom made submissions to the Magistrate that there was insufficient evidence to find a conviction for common assault. The Magistrate found that there was insufficient evidence to prove the prosecution’s case beyond reasonable doubt, resulting in the charges against our client being dismissed.
Common Assault, Destroy or Damage Property, Larceny | All Charges Dismissed | Wyong Local Court
Our client is a 56 year old male who holds university qualifications in education.
Our client was involved in an ongoing dispute over borrowed money and power tools. He was referred to us by a friend of his who had been represented by Fourtree Lawyers.
Our client was extremely troubled by the situation in which he found himself. He was concerned about the impact that a criminal conviction would have on his career. After reviewing the Police Facts with our legal team, our client instructed us to enter a plea of "not guilty" to each of the alleged charges.
The maximum penalty in the Local Court for Common Assault is a fine of $5,500 and/or imprisonment for 2 years. The maximum penalty for Destroy or Damage Property is a fine of $2,200 and/or imprisonment for two years. The maximum penalty for Larceny is a fine of $2,200 and/or imprisonment for 2 years.
Principal Solicitor Kevin Vierboom attended Wyong Local Court for a defended hearing. After Mr Vierboom's extensive cross examination of the Police, the victim, the witnesses and the defendant the Magistrate ordered that all three charges against our client be dismissed.
The client was overjoyed with the result. It was such a relief for him to have all the charges dismissed and have the matter finalised in such a positive way.
Common Assault & ADVO | Dismissed | Gosford Local Court
Our client is a 47-year-old male who lives with his fiancée, her two children and his two children 50% of the time.
Our client’s stepson has a history of violent physical outburst which had been getting considerable worse. On the day of the incident our client and his fiancée were at home with her children and her daughter’s friend. Her son began to get angry and violent and it escalated to a point where he was both a danger to his sister and her friend but also himself. Our client was asked by his partner for help in calming his stepson down. In the process our client restrained the child to ensure the safety of all parties. A neighbour saw this occur and called the Police.
The Police attended the home and our client complied fully. Our client was notified of an interim AVO being put into place and was charged with Common Assault T2 which carries a maximum penalty of 2 years imprisonment and/or a fine of $5,500.00.
A not guilty plea was entered. Solicitor Erin Nulty and Barrister John O’Sullivan attended upon Gosford Local Court. Prior to the hearing it was conceded by the Police Prosecutor that he would not be able to disprove self-defense. This was then raised with the Magistrate who saw it fit to dismiss the charge and the Application for the AVO.
Our client was overjoyed with the result and the dismissal of the charge and the AVO.
Charges Dismissed, Costs Order Made against the Police | Common Assault | Gosford Local Court
Our client was a 27-year-old male charged with a domestic violence-related common assault. Solicitor Kevin Vierboom prepared the case following a plea of "not guilty".
After a hearing which spanned three separate court appearances, the Magistrate ruled that the prosecution witnesses were unreliable and the charges were dismissed.
An order for costs was granted by the court in relation to a vacated court date.
Case Dismissed | Affray, 2 x Assault Occasioning Actual Bodily Harm T2 | Gosford Local Court
Our client, a 24-year-old male who lives on the Central Coast with his partner, was charged with affray and 2 counts of assault occasioning actual bodily harm T2. The maximum penalties for these offences are 10 years imprisonment and 5 years imprisonment respectively. Solicitor Kevin Vierboom conducted negotiations with the police to obtain agreed facts in this matter. Mr. Vierboom made extensive submissions to the Court with regard to whether or not the conduct by our client was unlawful in the circumstances of this case. Following consideration of these submissions, the Magistrate formed the view that our client’s conduct was indeed not unlawful in the circumstances. The Magistrate dismissed the matter and our client was free to go. Our client was extremely grateful for the outcome of this case.
COMMON ASSAULT, INTENTIONALLY CHOKE WITHOUT CONSENT, AVO | ALL CHARGES WITHDRAWN | CESSNOCK LC
Our client resides in the Hunter region and instructed us to defend the alleged serious charges levelled against him. The maximum penalty for common assault is 2 years imprisonment and/or $5,500 fine. The intentional choke offence carries a 2 years imprisonment and $11,000 fine.
Principal Solicitor, Kevin Vierboom had worked with our client to ascertain his version of events and provided guidance on the hearing process. Through the adjournment representations were sought with Police however the matter proceeded to hearing. On the day of hearing the main complainant did not appear, as such all charges were withdrawn.
Our client was relieved that he did not have to go through with the hearing of the application and can move past the events that took place and get on with his life.
COMMON ASSAULT (DV) x2, CONTRAVENE AVO (DV), STALK/INTIMIDATE INTEND FEAR PHYSICAL ETC HARM (DV) | INTENSIVE CORRECTION ORDER 16 Mths | GOSFORD LC
Our client has a lengthy criminal history involving problematic alcohol dependency and associated offending. His personal and social circumstances were one in which significant conflicts were present, in particular, few rewards or positive support from his peers, often accepting of criminal behaviours.
The maximum penalty for these offence offences range from 2 years imprisonment to $5,500 fines. Senior Solicitor Luke Del Monte worked with our client to ascertain his version and understanding the clients subjective and risk factors. There was a real risk the client would be sentenced to imprisonment. Submissions were made to the court focusing on our clients background, the circumstances surrounding the offence and his alcohol dependency with material in support tendered to the court.
Having regard to the submissions, the magistrate saw fit to impose an Intensive Correction Order for 16 months, with supervision.
Our client was happy with the result as he could now undertake the intervention needed in the community.
Charges Withdrawn | Assault Occasioning ABH and Contravene ADVO | Gosford Local Court
Our client, a 27-year-old male who lives with his wife on the Central Coast. He was initially charged with Breach of AVO, Common Assault and Intentionally Choke. The maximum penalty for Intentionally Choke is imprisonment for 10 years. Our client was on a Student Visa undergoing an application to become a permanent resident and was at risk of being deported.
Solicitor Kevin Vierboom made extensive submissions to the Magistrate who ordered a 12-month Intensive Corrections Order. Our client was very relieved with this outcome. However, eight days after sentencing our client was accused of contacting and assaulting the victim which he strenuously denied. He was subsequently charged with Assault Occasioning Actual Bodily Harm (ABH) and Contravene an ADVO.
Our client was taken into custody and refused bail. The maximum penalty for Assault Occasioning ABH is 5 years imprisonment. At the Courthouse, Solicitor Kevin Vierboom entered into negotiations with the Police Prosecutor and the charges were eventually withdrawn due to lack of evidence.
Our client was extremely relieved. He was immediately released from custody.
Obstruct or hinder ambulance officer providing or attempting to provide service to another | Conditional Release Order without conviction six months | Wyong Local Court.
Our client is a 68-year-old male who resides in Wyong and suffers from severe mental illness. At the time of the offence, our client’s daughter phoned an ambulance for help for her father’s mental health. Upon arrival, consent for treatment was implied after our client opened the front door and gestured for the paramedics to come inside. Our client became aggressive and abusive, yelling and eventually striking one of the paramedics. Our client was sedated and taken to Wyong hospital where he was arrested and cautioned.
The maximum penalty this offence carries is 50 penalty units and/or two years imprisonment. The magistrate was satisfied with character references solicitor Luke Del Monte put before the court which stated that our client was experiencing a mental health episode at the time of the offence.
The magistrate also placed the severity of our client’s act on the lower side, noting his age, lack of criminal history and continued rehab. Our client was sentenced to a Conditional Release Order for six months without conviction. Our client was pleased with this result.
Charge dismissed | Common Assault T2 | Gosford Local Court
Our client is a 48-year-old male who lives on the Central Coast. He is employed as a cleaner and has 3 daughters. He had been in a 9-month relationship with a new partner (the alleged victim) up to the date of the alleged incident. Our client was charged with Common Assault under s61 of the Crimes Act 1900, an offence carrying a penalty of up to 2 years imprisonment and a $5,500 fine.
On the day in question our client picked up the alleged victim upon her return from Sydney. After driving her home, an altercation took place where an allegation of domestic violence (common assault) was made by the alleged victim. The alleged victim attended Gosford Police Station 6 days later.
Our client instructed us that he had not touched the alleged victim. The matter was set down for hearing at Gosford Local Court on the 4th October 2018. Our solicitor Kevin Vierboom made submissions to the Magistrate that there was insufficient evidence to find a conviction for common assault. The Magistrate found that there was insufficient evidence to prove the prosecution’s case beyond reasonable doubt, resulting in the charges against our client being dismissed.
Common assault, stalk/intimidate, contravene prohibition/restriction in AVO | Dismissed + backdated imprisonment | Newcastle Local Court
Our client is a 51-year-old man who resides in Newcastle.
Our client and the victim had been in a domestic relation for eight to 10 years and had a six-year-old son. An Apprehended Violence Order had already been served on our client prior to this incident.
At the time of the incident an argument ensued after the victim asked our client why a $50 note in her wallet was missing. Our client said he had taken it and threw the victim to the ground. Later in the afternoon, our client lost his cigarettes and argued again with the victim – resulting in him taking her phone and throwing her to the ground again, their six-year-old son was present.
Police were called shortly after the victim’s phone was returned and the Apprehended Violence Order was varied so he could no longer reside with her.
The charges of common assault, stalk/intimidate and contravene prohibition/restriction in AVO carry a maximum penalty of two years imprisonment and/or a fine of $5500 respectfully.
At court, the magistrate was satisfied with submissions made by solicitor James Clements. He dismissed the charges of common assault and stalk/intimidate and backdated the sentence of four months imprisonment as our client had been placed in custody.
Our client was happy with this result.
Section 10(1)(b) | Assault Occasioning Actual Bodily Harm and Destroy Damage Property | Gosford District Court
Our client, a 35-year-old female who lives in Sydney was charged with Assault Occasioning Actual Bodily Harm and Destroy or Damage to Property. The maximum penalty for this offence is 5 years imprisonment. Our client is a highly regarded health professional. She was previously a person of good character and was very remorseful for her actions. She was undergoing treatment for depression and anxiety at the time and a diagnosis of Borderline Personality Disorder was made after the incident.
At first instance, the Local Court Magistrate convicted our client and imposed a Section 9 good behaviour bond. A decision was made to appeal the severity of the sentence to the District Court as a criminal conviction would have ended her career. Solicitor Kevin Vierboom made extensive submissions to the Judge on appeal who, after some persuasion dismissed the charges and ordered a 2-year period of good behaviour under section 10(1)(b).
Our client was extremely relieved at the outcome of her case.
Common Assault (DV related) | Dismissed + Final AVO | Gosford Local Court
Our client is a 50-year-old male who resides on the Central Coast.
His daughter had been home from school due to illness a day before the incident.
On the day of the alleged assault our client told his daughter to get out of bed and go to school despite her saying she was still unwell. This resulted in an argument between the two.
The daughter went downstairs to get some food and another argument ensued, resulting in her throwing the bowl into the kitchen.
She then went back to her bedroom and our client pulled her out of bed and pushed her to the ground.
She called the police shortly afterwards.
Our client made a full admission to the assault, resulting in his arrest.
The victim did not attend court after receiving legal advice, so police prosecutors could not continue with the charges, however, they proceeded with the Apprehended Violence Order given the complainant’s age.
Solicitor Luke Del Monte suggested a six-month AVO without admissions to avoid any further court proceedings, which was agreed to by the client and the police. The Magistrate also consented to this.
Our client and his wife were pleased with this result and relieved the matter was settled and no criminal record was given.
Assault occasioning actual bodily harm; destroy/damage property; stalk/intimidate; ADVO | Withdrawn & Dismissed | Newcastle Local Court
Our client is a 38-year-old male who resides in Newcastle.
He was in a relationship with the victim for seven years prior to the incident. The pair had engaged in an argument relating to the victim’s children which were from a previous relationship. Our client returned home and allegedly broke the backdoor to gain access to the premises, yelled at the victim to get out of his house and allegedly assaulted her.
The maximum penalty for assault occasioning actual bodily harm is five years jail; destroy/damage property is two years jail or a fine of $2200; and stalk/intimidate is five years jail and/or a fine of $550.
At court, our client plead not guilty to the above offences, and solicitor James Clements was in attendance with our client. However, the victim/complainant was not present for proceeding. Prosecution officers attempted to contact her but she could not attend.
As such the matter was withdrawn and charges dismissed.
Our client was pleased with this result.
Indecent assault and sexual intercourse without consent | Not Guilty | Newcastle District Court
Our client is a 22-year-old male who resides in Sydney’s south west.
At the time of the offence, our client was 18 years old and was drinking with the victim at his home in Lake Macquarie. Our client allegedly told the victim to break up with her partner and expressed his desires to have sexual intercourse with her, which made her uncomfortable.
It was also alleged our client attempted to remove the victim’s pants, forced himself onto her to have sexual intercourse and told her to keep it a secret.
Police were informed of the incident and contacted our client who exercised his right to remain silent and not participate in an interview.
The maximum penalty for indecent assault is two years imprisonment and/or a fine of $5500 while sexual intercourse without consent is 14 years imprisonment with a seven-year non-parole period.
Over the course of a four-day trial, solicitor Laura Horton submitted defense witness statements and cross examined the complainant as well as crown witnesses. On the final day the jury came to the unanimous decision that our client was not guilty of all charges.
Our client was extremely pleased with this result.
Our client is a 27-year-old woman from the Newcastle area.
She was charged with assault occasioning actual bodily harm (domestic violence-related) under section 59(1) of the Crimes Act 1900 (NSW) following an argument with her partner. The offence carries a maximum penalty of 2 years imprisonment and/or a fine of 50 penalty units (equivalent to $5,500).
Our client engaged Fourtree Lawyers and was represented by Associate Solicitor Ofeina Hushon at Newcastle Local Court for hearing before Magistrate Barlow.
Neither the complainant nor the key witness attended court, and during the proceedings, Mr Hushon successfully negotiated with the prosecution for both the charge and the associated Apprehended Violence Order (AVO) to be withdrawn.
The Court formally recorded that the matter was withdrawn and dismissed.
Our client was extremely relieved by this result, as all proceedings against her were finalised without any finding of guilt or penalty imposed.
Our client is a 47-year-old man from the Central Coast.
Our client was charged with common assault after a physical altercation with his stepson who had refused to return his phone of which had been confiscated earlier that week.
In the Local Court, the maximum penalty for common assault is 2 years imprisonment or a fine of $5,500.00.
Fourtree Lawyers appeared on our client’s behalf at Gosford Local Court. We entered into discussions with the Prosecutor and negotiated the facts. Our client entered a plea of guilty to the amended facts to which we then tendered our subjective material including a letter of apology, psychologist's report and other character references.
Our client was found guilty, but without proceeding to conviction, and was given a Conditional Release Order to be of good behaviour for a period of 2 years.
Our client was happy with the results as he was able to keep a clean criminal record and continue living with his family.
Assault occasioning actual bodily harm | Not Guilty - Dismissed | Wyong Local Court
Our client is a 50-year-old female residing in the Central Coast area.
Our client was charged with assault occasioning actual bodily harm following a fight with
another woman over her ex-partner.
The maximum penalty for assault occasioning actual bodily harm is 5 years imprisonment.
Unsure about how to respond to her Court Attendance Notice, our client contacted our office. Solicitor Hannah Brammich then met with our client to discuss her options.
We entered a not guilty plea on our client’s instructions and proceeded to represent her at her Hearing.
At the Hearing, the complainant was not in attendance and the Prosecution sought to apply to adjourn the Hearing. Our solicitor, Hannah Bramich, strongly objected, arguing that the Court could not be sure that the complainant would attend on a future date.
We argued that any delay would be unfair and prejudicial to our client and a waste of Court resources. The Magistrate also viewed the CCTV footage and was not satisfied that it identified our client.
As a result, our client was found Not Guilty and the matter was dismissed.
Our client was extremely happy with these results.
Common Assault (DV) | Conditional Release Order | Newcastle Local Court
Our client, a 54-year-old man from Valentine, appeared before Newcastle Local Court regarding a dispute with his estranged sibling. The disagreement arose over an ongoing family estate matter, and during the incident, police were called to the scene.
Our client was initially charged with possessing or using a prohibited weapon without a permit and assault occasioning actual bodily harm (domestic violence-related). Following successful negotiations by Solicitor Ofeina Hushon from Fourtree Lawyers, both of the more serious charges were withdrawn and dismissed.
Our client entered a plea of guilty to a single charge of common assault (domestic violence related) under section 61 of the Crimes Act 1900 (NSW).
The maximum penalty for this offence is 2 years imprisonment and/or a fine of $5,500.
After considering the agreed facts and submissions made in mitigation, Magistrate Brennan sentenced our client to a 12-month Conditional Release Order, requiring that he be of good behaviour and comply with all terms of the associated Final Apprehended Domestic Violence Order for a period of five years.
Our client was relieved by the outcome, particularly as the more serious charges were dismissed, and the matter was finalised without consideration of a custodial sentence.
Common Assault (DV) | Charge Withdrawn & Dismissed | Gosford Local Court
Our client is 52 a 52-year-old woman from the Central Coast.
She was charged with common assault (domestic violence-related) following an alleged domestic dispute involving her daughter. Our client does not reside with the child, who is in the full-time care of her father.
Our client engaged Fourtree Lawyers and was represented by Associate Solicitor Arabella Munro at Gosford Local Court.
After discussions and negotiations with the Prosecutor before the Hearing, the Crown elected to withdraw the charge. The matter was then formally dismissed by the Court.
This was an excellent outcome for our client, who was immensely relieved to have the matter finalised without any finding of guilt, conviction, or penalty.
Cited Cases
Client Reviews
To Kevin, Jane and especially M/s Denise McCarthy, This is the 2nd time you have helped us with a MUCH better than expected outcome. The professional, dedicated detail and representation which was provided to us has resulted on both occasions an outcome far surpassing our expectations. We highly recommend Fourtree Lawyers to anyone requiring legal representation and cannot give enough praise to Denise McCarthy for her expertise advice and presentation. Thanking all at Fourtree Lawyers Merry Christmas and a safe and happy new year
| KW | ★★★★★ |