Client entered guilty pleas to domestic assault and breach of a recognizance for continuing contact with the complainant. Exceptional circumstances were argued in support of an application for a conditional discharge. In this case, it was the accused who contacted police because he was surprised and afraid of what he had just done to his partner. He had been struggling with mental health issues prior to the commission of the offence, and had no prior criminal record. The breach charge arose in circumstances where he attempted to help the complainant, who was in difficult financial circumstances. It was only discovered when police did a welfare check on him, because his psychiatrist was concerned. The court found that, unlike many relationships where domestic violence occurs, there was no power imbalance in the current one. The accused was exceptionally remorseful, and the situation was truly unique.
Result: conditional discharge granted