February 14, 2018

Successful Legal Arguments by Lawyer to Gain a ‘Not Guilty’ Verdict in Assault Case

Client arrested after argument with former partner

JD and the alleged victim DE had previously been in a relationship. The two of them had been living together despite no longer being in a relationship. On the night in question, the two of them were in an argument when a neighbour called the police after hearing their dispute. When the police arrived DE showed them his head wound and claimed that JD had caused it during their argument. The police questioned JD about it to which she stated that she did not cause the injury and that it was in fact her who had been assaulted by him. Despite her explanation JD was arrested and charged with assault occasioning actual bodily harm whereas no charges were laid against DE.

Successful legal arguments at trial

We represented JD at her trial at Campbelltown Local Court. Our solicitor was successful in showing that the prosecution was unable to establish their case. DE had refused to write a statement despite the charges being based on his allegations against JD. It was successfully argued that DE should not be called to give evidence in the trial without first giving a statement in accordance with court rules. Therefore the entirety of his evidence was excluded from the trial. It became apparent that he was unfavourable to the prosecution’s case. Without his evidence to support the prosecution’s allegations, DE was found not guilty.

This is just one of many successful outcomes where O’Brien Criminal and Civil Solicitors have represented clients in assault related charges. If you have been charged with an assault offence and require representation call us on (02) 9261 4281 to book a free initial consultation.