A man has been charged with common assault over an alleged coffee throwing incident in western Sydney.
The altercation was captured on CCTV cameras from a local café.
A 27-year-old barista made a complaint to police before they commenced an investigation and tracked down the alleged perpetrator.
Charged with Common Assault
The common assault allegation occurred at a Rosehill cafe, in Sydney's west.
CCTV footage shows the barista, Suman Dhital, serving a 31-year-old man.
According to the café owner, Lily Semaan, the man insisted he pay for a young woman's coffee. However, she refused his offer.
"Our staff member was respecting the young lady's wishes because of that he was harassed, sworn at and abused," she said.
Mr Dhital claimed he was verbally abused by the patron.
He then grabbed two coffees and aggressively threw them at Dhital, according to Ms Semaan.
27-year-old Dhital said he was doused in hot coffee leaving him with burns to his face and hands.
"I was trying to make a good day with a coffee, but he was abusing me and swearing at me," Dhital said.
The 31-year-old accused is due to appear at Parramatta Local Court in July.
Assault Lawyers Parramatta
A first offence of common assault will generally be dealt with more leniently by the Court. A list of 10,728 first offence common assault dv 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 assault lawyers in Parramatta 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 firstname.lastname@example.org.
While it is ultimately up to the Magistrate or Judge as to what assault sentence you will receive, there are sentencing statistics that can be helpful in providing some guidance. We have obtained a list of 27618 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 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.