Client Avoids Jail After Hammer Attack in Neighbour’s Home

Daniel Shestowsky appeared at Manly Local Court on behalf of a client from North Sydney, who pleaded guilty to Assault Occasioning Actual Bodily Harm after attacking her neighbour with a hammer, causing significant head and other injuries. As a result of our representation and advocacy, our client avoided jail and received a 2-year Community Corrections Order.

Hammer Attack in North Sydney

At the time of the incident our client was 75 years old. She had lived next to her neighbours for approximately 5 years in North Sydney. One afternoon, our client visited her neighbours looking for a sports jacket for her husband to borrow. She followed her neighbour into a spare bedroom to look at potential jackets to borrow. Once entering the room, our client, for reasons unknown, proceeded to attack her neighbour with a hammer, hitting him in the back of the head several times causing several significant injuries to his head and hand. A struggle ensued and our client and the neighbour ended up on the floor fighting over the hammer. The victim’s wife entered the room and calmed both parties down while taking control of the hammer.

The victim attended Royal North Shore hospital the next day and where he disclosed the incident to his Doctor. The matter was then reported to the Police. Our client was charged with the offence soon after.

Hearing at Manly Local Court

Our client had previously entered a plea of not guilty to this matter after being represented by another firm. The Police compiled a voluminous and comprehensive Brief of Evidence against our client. Our client later sought advice from our highly experienced lawyers and advocates.

We analysed the Brief of Evidence and obtained a detailed version of events from our client in meticulous preparation of our client’s case. After considering the evidence, given the strength of the prosecution’s case and our client’s version of events, we advised our client that it was in her best interest to plead guilty to the offence in light of the compelling evidence against her. However, we liaised with the Police Prosecutor with regard to the Police Facts and as a result, we were able to significantly amend the Police Facts sheet to better reflect the circumstances of our client’s offending. Our client ultimately pleaded guilty to one charge of Assault Occasioning Actual Bodily Harm which carries a maximum penalty of 5 years imprisonment.

Sentence Proceedings at Manly Local Court and Outcome.

Even with our client’s plea of guilty, our client faced the very real prospect of a full-time custodial sentence given the very serious nature of her offending. Mr Shestowsky prepared a thorough case for our client’s sentencing proceedings emphasising our client’s significant prior good character and lack of criminal history as well as her persuasive subjective circumstances. Ultimately, with the help of Mr Shestowsky’s cogent and eloquent submissions, avoided a prison sentence, instead being placed on  a 2-year Community Corrections Order. Needless to say, our client was extremely ecstatic and relieved to have avoided a prison sentence for the hammer attack.

Why Choose Australian Lawyers and Advocates?

Offences involving violence are serious. This case highlights the importance of engaging lawyers who are highly knowledgeable and experienced criminal law lawyers and advocates.  It is important that you consult with an experienced criminal defence lawyer as soon as possible after you have been charged with or are likely to be charged with an offence. Many law firms claim to be ‘the best’ or ‘leading’ firms. At Australian Lawyers and Advocates, we let our results, reputation and high level of client service and satisfaction speak for themselves.

The content contained within this article is expressed as a general guide as to this area of law and is not intended to contain legal advice specific to an individual’s case. If you, or someone you know has been charged with a criminal offence and requires legal advice, do not hesitate to contact Australian Lawyers and Advocates to discuss any criminal law or traffic law matters further.


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