When a family dinner spiralled into violence, Mary was arrested, despite being the true victims. O’Brien Criminal & Civil Solicitors fought to clear her name and proved she was acting in self-defence.
Our client, Mary*, was charged with common assault (domestic violence-related) under Section 61 of the Crimes Act 1900 (NSW) after a family dinner ended in conflict. Though she had been assaulted by her in-laws, she was arrested at the scene.
With the support of O’Brien Criminal & Civil Solicitors, Mary took the case to a hearing and was ultimately acquitted. The court found that she had acted in self-defence, and she was also awarded legal costs.
Case Background: Self-Defence
Mary had been having dinner with her in-laws in Western Sydney. Then, a discussion grew tense. Feeling unsafe, Mary attempted to leave, but before they could, they were physically attacked by the in-laws.
When police arrived, instead of protecting the victims, they arrested Mary. Despite their immediate statements that they had been assaulted, the police treated them as the aggressors.
Mary was charged with common assault (domestic violence-related), a criminal offence that can carry serious consequences including; criminal records, fines, and even jail time.
How We Helped Prove Self-Defence in the Domestic Violence Charge
The legal team at O’Brien Criminal & Civil Solicitors took the matter to a hearing at a Local Court, fully contesting the charges. We argued that Mary was acting in self-defence, a legal defence that applies when a person uses reasonable force to protect themselves or others from harm.
During a cross-examination of the police officers, we exposed flaws in their investigation. The police had not adequately considered Mary’s version of events and had dismissed critical information showing she was the victim, not the perpetrator. This lack of proper investigation became a pivotal point in the case.
Read our other successful Criminal Case Studies.
The Result
The magistrate agreed with our submissions and found that Mary’s actions were justified in self-defence. She was acquitted of all charges, and the court also awarded costs in her favour, recognising that the case should never have been brought against her.
Need a Lawyer for Assault Charges or Self-Defence Claims?
If you or someone you know has been charged with assault but was acting in self-defence, you don’t have to face the system alone.
If you or a loved one are facing charges of assault occasioning actual bodily harm (Crimes Act 1900 (NSW), s 59(1) or any other assault offence, it’s crucial to have experienced lawyers fighting in your corner.
At O’Brien Criminal & Civil Solicitors, we know how to present your case in the best possible light and achieve outcomes that protect your future.
Contact us today for a confidential consultation and take the first step towards resolution.
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*We always change details in our case studies to protect client confidentiality.
