Common assault charge after hitting flatmate’s girlfriend: Police v SAF

Common assault charge after hitting flatmate’s girlfriend

Police charged SAF with a common assault on his flatmate’s girlfriend.

The assault occurred whilst SAF, the alleged victim and the flatmate were drinking and then began to argue.  However, the argument escalated and the flatmate became violent towards SAF.  The flatmate begun to punch SAF.  He was a much larger person in stature to SAF. SAF, in self defence, picked up a porcelain mug and hit the flatmate over the head with it.

However, as this occurred, the flatmate’s girlfriend attempted to intervene to separate the parties.  In the course of the melee, SAF struck the girlfriend.  Later, SAF explained to police in a recorded interview that she had been caught up in the assault upon him and accidentally struck as he defended himself against the flatmate.

Self defence leads to dismissal of charge

After a Local Court hearing the Magistrate determined that SAF had indeed acted in self defence against the flatmate.  Further, SAF got a verdict of not guilty of assaulting the girlfriend as she had intervened and suffered an accidental assault.  It was not an intentional or reckless act on SAF’s behalf.

Consequently, the Magistrate dismissed the charge.  Additionally, a cost application was successful and SAF recovered his legal fees from the police. This was on the basis that the police investigation had not been adequate and that they had instituted the prosecution unreasonably.

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.

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

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