Father punches youth who may have sexually assaulted his daughter
Police charged RW, an adult, with an assault on a 15 year old boy. However, the assault occurred against a complex background.
This involved an allegation that RW’s 15 year old daughter experienced sexual assault by the 15 year old victim of the violent assault. During an altercation in a public place, RW had lost his temper and punched the young victim in the face.
Subsequently, the victim complained to police and they charged RW with an assault of a minor. Following this, RW pleaded guilty but argued that there was provocation brought on by the ongoing conduct of the victim leading to the assault.
Outcome: Provocation is a factor in the Section 10 dismissal of the case
Taking into account the very significant degree of provocation, and taking into account the evidence of RW, the Local Court considered the degree of provocation very significant in the particular matter. Consequently, the magistrate dismissed it pursuant to section 10 of the Crimes (Sentencing Procedure) Act.
If you’re facing assault charges, contact our assault lawyers right now. We can help you get the best possible result in court, even getting the prosecution to withdraw or downgrade the charges. Our lawyers have had outstanding success in helping those accused in complex scenarios.
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- Common assault of a minor
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- section 10 Crimes (Sentencing Procedure) Act