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


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.


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.