Assault: Police v NJ

 Facts:

NJ was charged that he assaulted a man at a park in Western Sydney using a baseball bat.  The alleged victim had claimed that he had been contacted by NJ who was going out with the alleged victim’s ex-partner to meet with him and have a discussion.  The alleged victim gave evidence that when he arrived with a witness, NJ proceeded to pull out a baseball bat and hit him about the body with it.

When confronted with the allegations, NJ did a recorded interview with police. He asserted that he had been confronted by the alleged victim who had the baseball bat and had attacked him. He told police he had disarmed the alleged victim, and then used the bat to defend himself from further attack.  The record of interview was consistent with self-defence.

The case was presented in the Local Court and was run on the basis that NJ was not guilty because he had acted in defence of himself.

Outcome: 

Having heard all the evidence from all the witnesses and considered the recorded interview conducted by police with NJ, the Magistrate was not satisfied beyond reasonable doubt that NJ had not acted in self-defence.  In other words, there was a reasonable possibility which was undisturbed by the evidence that the accused NJ had acted in self-defence rather than in an unlawful manner.  Consequently, NJ was acquitted of the charge and the matters were dismissed by the Court.