The Nick Kyrgios common assault case has taken a twist after the tennis star's application for a three-month adjournment was refused.

The 27-year-old did not appear at the ACT Magistrates Court as prepares for the US Open.

The court was told that an application would be made on behalf of Mr Kyrgios at a later date.

The matter will return to court on 4 October.

Nick Kyrgios Adjournment Refused

The Nick Kyrgios assault case relates to an allegation in January 2021. However, it was only reported to police in December of the same year.

Reports have suggested that the complainant in the case is his ex-girlfriend Chiara Passar, making this a domestic violence case.

Mr Kyrgios' lawyer requested a three-month adjournment to make an application. No details were provided about what the application would be, however it was suggested that it would be capable of finalising the common assault case.

However, the prosecution opposed the lengthy adjournment as well as the secret nature of the defendant's application.

Magistrate Louise Taylor also said that she was, "not quite certain what the case for secrecy is" regarding the application.

The lengthy adjournment was sought because the tennis star spends "very little time in the ACT".

However, Her Honour also did not accede to the adjournment request due to Nick Krygios' tennis schedule, which requires him to travel overseas on a regular basis.

"Lots of defendants have matters they might like the court to accommodate," Magistrate Taylor said.

Her Honour ultimately granted a six-week adjournment to 4 October, when his legal team will make representations in support of the application.

Kyrgios, who is ranked 26 in the world, lost to Taylor Fritz at the Cincinnati Open, failing to make the round of 16. He will begin the US Open on 26 August.

Assault Charges

If this is your first assault charge in NSW, you will generally be dealt with more leniently by the Court. A list of 10,728 first offence common assault sentencing cases in the Local Court suggests that you will be far more likely to receive a Section 10 dismissal if you have no prior record.

However, there are still a large amount of individuals who are convicted despite it being their first offence. That is why it is important that you contact experienced Sydney assault lawyers so that they can prepare your case in such a way that you will be in the best position possible to receive a Section 10. Call Astor Legal on (02) 7804 2823 or email us at info@astorlegal.com.au.

While it is ultimately up to the Magistrate or Judge as to what common assault sentence you will receive, there are sentencing statistics that can be helpful in providing some guidance. We have obtained a list of 27,618 cases in the Local Court which provide a range:

  • Section 10 dismissal: 27%
  • Fine: 15%
  • Section 9 good behaviour bond: 41%
  • Community Service Order: 3%
  • Section 12 suspended sentence (no longer used for NSW offences): 5%
  • Intensive Corrections Order: 1%
  • Home Detention: 0%
  • Full Time Imprisonment: 6%

While jail is a possibility, only 6% of offenders are sentenced to full-time imprisonment. More significantly, the overwhelming majority of offenders received convictions for this offence. The rate of convictions increases for common assault domestic violence charges. Contact us now so that we can help you avoid a criminal conviction.

Section 61 of the Crimes Act 1900 (NSW) sets out that Common assault is an act whereby a person intentionally or recklessly causes another person to apprehend immediate and unlawful violence.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.