All-grounds appeal: common assault – inconsistent prosecution evidence: YRW v Police

All-grounds appeal for assault conviction

Criminal AppealsYRW 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.



O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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