June 1, 2016

Police v PYK

Key Words: Common assault, Section 61 Crimes Act 1900 – affray, Section 93C(1) Crimes Act 1900 – defended hearing ­– contested evidence – self-defence

Facts:

PYK was charged with common assault following an altercation with his neighbour during a party. The defence presented the case that the neighbour had pulled out a knife and advanced on PYK, at which stage PYK fled from the neighbour before throwing a brick at him. The prosecution claimed that PYK threw the brick prior to the neighbour pulling out the knife.

Outcome:

The defence managed to successfully throw doubt on the narrative advanced by the prosecution. Criminal offences must be proved beyond reasonable doubt. As a result, because there was doubt around whether or not PYK acted in self-defence, he was acquitted of both charges.