An assault matter in the Sydney CBD
In this Downing Centre common assault case study, Joshua Boorman appeared at the Downing Centre Local Court on an assault matter. The most serious charge was common assault. There were also two or three charges about licensed premises: failing to leave when directed, failing to leave the vicinity, and re-entering after being asked to leave.
What happened
In late August 2024, our client went to a hotel near Central Station with friends. He drank an excessive amount and was getting loud, and he was asked to leave under the responsible service of alcohol rules.
He left, but had left his phone in the gaming area and went back in to get it. His friends bought him another drink and he stayed, despite having been asked to leave. As Joshua says, he should have just gone home.
He was then grabbed from behind and forcibly removed in quite a violent way. He was thrown out the doors, split his lip and hit his head on the ground. He got up confused, angry, emotional and highly intoxicated, charged at the security guard, and threw a number of punches and kicks. The guard’s lip was split.
About our client
- He is 23, a bricklayer, in a relationship, and lives in Pendle Hill.
- He had an absolutely clean record and had never been in any trouble before.
- Joshua notes he was lucky the charge was not assault occasioning actual bodily harm, given the guard was injured.
Downing Centre common assault case study: how Joshua Boorman prepared the case
Before court, our client was directed to complete an anger management program, which he did, and the certificate was handed up. Joshua’s instructions were that he had stopped drinking.
He also provided references from his boss, his partner and his sister, and a letter of apology to the court. Joshua explained how the incident unfolded, gave the court a picture of our client personally, and set out the steps he had taken to address his offending.
The outcome
Joshua asked the court not to record a conviction. He describes it as almost line-ball: the magistrate was umming and ahing, but eventually agreed.
- no conviction recorded;
- a conditional release order for 2 years; and
- no fine.
Joshua explains that the conditional release order works like a good behaviour bond for two years. If our client reoffends during that time, he can be brought back before the court and resentenced for this offence as well as any new one. Importantly, his record remains clean.
Looking ahead
Joshua says the main things were that our client was not fined and, importantly, did not receive a criminal conviction. He believes the young man has learned his lesson, and that this will be the first and last time he appears before the criminal justice system. The magistrate had all of the material showing he had done everything he could to address what happened.
What this case shows
A night of heavy drinking can turn a minor situation into criminal charges quickly. Here, a clean history, an anger management course, stopping drinking and strong references gave the court a basis to avoid a conviction. Every case is different, and outcomes depend on the facts.
Key general information (NSW)
General information only, not legal advice, as at October 2026. Every case turns on its own facts.
- Assault and licensed premises offences: Separate offences under section 77 of the Liquor Act 2007 (NSW) apply to people who are refused entry to or turned out of licensed premises.
- Sentencing options: At the lower end, a court can find an offence proved but not record a conviction, either by dismissing the charge or by making a conditional release order (CRO) without conviction.
- Conditional release orders: The NSW Sentencing Council explains that a conditional release order (CRO) can be made with or without recording a conviction.
- Other low-end sentencing options: If an offence is not trivial enough to be dismissed under section 10 of the Crimes (Sentencing Procedure) Act, but there are other good reasons not to impose a penalty, the court can convict the person without any other penalty under section 10A.
- The court process: Less serious criminal charges such as these in NSW are usually dealt with in the Local Court.
Further reading and related videos
Boorman Lawyers has more on its criminal law services and on appearing at the Downing Centre. Its Sydney site covers drink and drug driving matters across Sydney courts.
On this site, see a Downing Centre mid range matter with no conviction recorded and a Katoomba matter that ended with a CRO without conviction, or browse all NSW and court town videos.
