Key Words: Assault occasioning actual bodily harm – section 59 Crimes Act 1900 – Kidnapping – section 86 Crimes Act 1900 – plea of not guilty – finding of not guilty
Facts:
A serious allegation of kidnapping and assault was made against TS. It was alleged that TS had, in the company of another person, detained and assaulted the victim over the course of a number of days in an apartment complex. TS entered a plea of not guilty.
Outcome:
The prosecution withdrew the charge of kidnapping and proceeded with a charge of Assault Occasioning Actual Bodily Harm in company. Seven witnesses were called in the prosecution case over two days.
After hearing the evidence and after several hours of cross examination, the court found that the victim lacked credibility and could not be accepted as a witness of truth. Although the remaining witnesses provided some corroboration, the court was left with reasonable doubt. TS was found not guilty.
Testimonial:
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