Self-defence claim where man throws brick at knife wielding attacker
Police charged PYK with common assault following an altercation with his neighbour during a party. The defence presented the case that the neighbour had pulled out a knife and advanced on PYK. At which stage, PYK fled from the neighbour before throwing a brick at him.
However, the prosecution claimed that PYK threw the brick prior to the neighbour pulling out the knife.
Contested evidence leads to reasonable doubt
The defence managed to successfully throw doubt on the narrative advanced by the prosecution. Criminal offences have a burden of proof which must be beyond reasonable doubt. As a result, because there was doubt around whether or not PYK acted in self-defence, he got an acquittal on both charges.
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.
- Common assault, Section 61 Crimes Act 1900
- affray, Section 93C(1) Crimes Act 1900
- defended hearing
- contested evidence
- self-defence
