This case study concerns a common assault charge that was dismissed following a defended hearing at a Local Court in northern Sydney. Our client was charged with assaulting a known acquaintance outside a shop, despite clear evidence showing he was the one who had been struck, knocked unconscious, and transported to hospital by ambulance. He was found not guilty. No conviction was recorded.
O’Brien Criminal & Civil Solicitors represented our client, referred to here as Mr Harrison, throughout the proceedings. We acted for him in his common assault defence from the initial charge through to the defended hearing.
Background To The Common Assault Charge
Mr Harrison was involved in a physical altercation with a known acquaintance outside a shop in northern Sydney in late 2024.
Police alleged that Mr Harrison was the aggressor. They charged him with Common Assault under s 61 of the Crimes Act 1900 (NSW).
Mr Harrison strongly denied the allegation. Shortly after the incident, he provided police with a detailed statement explaining that he was the victim, not the aggressor. He told police he had been struck, lost consciousness, and required ambulance transport to hospital for treatment.
Medical records documented injuries including swelling to the head and jaw, a swollen lip, bruising, and abrasions, all consistent with his account.
Despite this, police proceeded to charge Mr Harrison with common assault.
The Impact Of The Common Assault Charge On Mr Harrison
Being charged with a criminal offence is a serious and stressful experience, even when you know you have done nothing wrong.
A conviction for common assault can carry real consequences. It can affect employment prospects, professional licences, and the ability to travel internationally. The process of attending court and preparing for a defended hearing takes a significant emotional and financial toll.
In Mr Harrison’s case, that burden was compounded by the fact that he was the victim of the assault. He had done everything right, reporting the incident to police, giving a statement, seeking medical treatment, and still found himself facing a criminal charge. According to the NSW Bureau of Crime Statistics and Research (BOCSAR), assault offences remain among the most commonly prosecuted matters in NSW Local Courts. Cases like Mr Harrison’s are a reminder that being charged does not mean being guilty, and that strong legal representation can make all the difference.
Read our other Criminal Law Case Studies.
How We Defended The Assault Charge
O’Brien Criminal & Civil Solicitors carefully reviewed the prosecution brief, our client’s statement, the medical records, and all lay witness evidence.
It quickly became clear that the objective evidence strongly supported Mr Harrison’s account.
The defence identified several significant problems with the prosecution case:
- Independent lay witnesses did not support the complainant’s version of events.
- Medical evidence was consistent with Mr Harrison having been assaulted, not with him being the aggressor.
- Prior hostility existed between Mr Harrison and the complainant, arising from an unrelated earlier incident.
- There were weaknesses in the police investigation, including the decision to proceed with charges despite exculpatory material being available to police well before charge.
At the defended hearing, the defence cross-examined the complainant and challenged both the reliability and credibility of their account. Detailed submissions were made regarding the insufficiency of the prosecution evidence. The complainant was found to be a poor witness under cross-examination.
Outcome Of The Common Assault Charge
The presiding judicial officer dismissed the charge of Common Assault.
Mr Harrison was found not guilty.
No conviction was recorded. No criminal record. No fine. No conditions.
This outcome reflects the importance of thorough preparation and skilled advocacy in criminal defended hearings. The defence left no stone unturned in building a case that reflected the truth, and the result speaks for itself.
*We always change the names and other identifiable details in case studies to protect client privacy.
Speak To Our Criminal Defence Lawyers In Sydney
If you have been charged with common assault in NSW, do not wait to get legal advice. Early intervention can significantly improve your prospects.
Our assault defence lawyers have extensive experience representing clients charged with assault offences across NSW Local Courts. We know how to challenge prosecution evidence, identify weaknesses in the police brief, and fight for the best possible outcome.
Contact O’Brien Criminal & Civil Solicitors today for a confidential consultation by calling (02) 9261 4281 or filling in the form below.
