O’Brien Criminal and Civil Solicitors are expert assault lawyers. We have represented clients across a large variety of assault offences including assaulting a police officer in execution of duty and/or resisting arrest. We have assisted clients in Local Court trials, District Court jury trials and sentencing hearings.
Here are a number of successful cases where O’Brien Criminal and Civil Solicitors have secured a favourable result for our clients.
JC – Client has charges dismissed after section 32 report
JC was charged with assaulting an officer and resisting police officer in the execution of their duty. After His Honour found all offences against JC proven, we filed a section 32 report for His Honour to consider, including a psychologist’s report. His Honour found that JC was suffering from a mental illness at the time of the offence and dismissed the charges.
MD – Claim for misfeasance in public office against a police officer and malicious prosecution
MD’s sister-in-law had a disagreement with the wife of a police officer. MD saw the police officer harassing her nephews and approaching her nephew’s face. MD was told she would receive a court attendance notice for offensive behaviour, which she received in the mail. The police officer also sent a letter to MD’s employer falsely claimed she was behaving offensively in public. We represented MD in a claim against the police for misfeasance in public office and malicious prosecution.
APN – Client sentenced to good behaviour bond after being found guilty of intimidating police
During a confrontation with police, they sprayed him with capsicum spray. As police left, APN stood from his balcony and shouted at them in a foreign language. APN was charged with, and found guilty of, intimidating police without causing actual bodily harm. We represented APN during his sentencing hearing where we submitted that he was suffering from long-term undiagnosed mental health problems that caused his erratic behaviour. Given the nature of his circumstances he was sentenced to a 12 month good behaviour bond.
JZ – Client given lenient sentence after assaulting police
Our client was taken to the hospital by police. Whilst at the hospital he became agitated and aggressive, and tried to punch an officer in the face. We represented JZ in his sentencing hearing where we made submissions against a custodial sentence, and instead our client received a good behaviour bond.
JC – Assaulting police charges dealt with by way of mental health provisions
JC was under a state of psychotic paranoia whilst he was using the drug ice. He believed that the police were trying to kill him, when in reality they had come to assist him. He pushed, punched, kicked and spat at police officers who were in the course of their duty. He was charged with assaulting police and resisting an officer in the execution of duty. We represented JC in his matter where we made an application to have his case dealt with by the relevant mental health provisions. We obtained a psychiatric report that outlined the state of JC’s mental health. The Magistrate determined that it was appropriate to dismiss the charges pursuant to a treatment plan under section 32 of the Mental Health (Forensic Provisions) Act 1990.
JV – Assaulting police charge dismissed after successful defence case run
JV was charged with assaulting a police officer in the execution of duty and breaching AVO. Our client pleaded not guilty to both charges. The prosecution was unable to prove its case beyond reasonable doubt, and both charges against JV were dismissed accordingly.