Key Words: All-grounds appeal – common assault, Section 61 Crimes Act 1900 – inconsistent prosecution evidence – conviction with no other penalty, Section 10A Crimes (Sentencing Procedure) Act 1999
YRW was bringing an all-grounds appeal in response to a conviction of common assault. Following a confused altercation in a café, YRW was found guilty of common assault by the Local Court. According to the complainant and a witness, YRW carried out an unprovoked attack on the complainant. The evidence of YRW strongly refuted this, and was backed up by an audio recording of the incident.
During the appeal hearing, the defence exposed the inconsistencies in the prosecution’s evidence, and showed where YRW’s evidence is consistent with the audio recording. The appeal against the conviction was dismissed, but due to the clarity of the defence case the appeal against the severity of the original sentence was upheld. The sentence was reduced to only a conviction, with no other penalty.