All-grounds appeal for assault conviction
YRW brought an all-grounds appeal in response to a conviction of common assault. Following a confused altercation in a café, YRW got a guilty verdict of common assault by the Local Court. According to the complainant and a witness, YRW carried out an unprovoked attack on the complainant. However, the evidence of YRW strongly refuted this. There was evidence to back this up in the form of an audio recording of the incident.
Appeal shows inconsistencies in evidence
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. However, the court dismissed the appeal against the conviction. However, due to the clarity of the defence case the Court upheld the appeal against the severity of the original sentence. The sentence reduced to only a conviction, with no other penalty.
:contactOBSAppeal:
- 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
