Police v TRE

Key Words: Common assault (domestic violence related), Section 61 Crimes Act 1900 – representations to police prosecutor – apprehended violence order, Section 19, Crimes (Domestic and Personal Violence) Act 2007

Facts:

TRE was staying as a guest in the apartment of the complainant. On the day of the incident, the complainant had returned home to find the door latched closed. As the complainant reached through the gap in the door in an attempt to unlatch the door, TRE slammed the door on her arm. When the victim eventually gained entry to the flat, TRE physically assaulted her. TRE was charged with two counts of common assault, and instructed O’Brien Solicitors to defend the charges.

Outcome:

The defence made representations to police, arguing that – given TRE’s homelessness and long history of petty crime – proceeding with the charges was not the most effective way to prevent further offending. Instead, the defence suggested that TRE should consent to a 2-year AVO. This suggestion was ultimately accepted, and the charges against TRE were withdrawn.