Facts:
XWD was charged with stalk/intimidate, common assault and assault occasioning actual bodily harm. It was alleged that XWD was severely intoxicated and was verbally abusing the victim after she was picked up. Upon arriving home, XWD demanded the whereabouts of her bag of marijuana. When the victim could not answer, XWD began to be increasingly hostile and aggressive. The victim phoned her ex partner for assistance.
A physical altercation occurred between the victim and our client whereby XWD was told she was no longer welcome at the premises and was told to leave. When the ex partner arrived at the home and interfered, it was alleged that XWD began assaulting him resulting in minor injuries. XWD was forcibly removed and went to a neighbour’s house. The victim and her ex partner provided statements to police.
XWD received a message to attend Mt Druitt Police Station, was placed under arrest upon arrival and cautioned. XWD agreed to participate in an electronically recorded interview regarding the incident. She was also served with a provisional Apprehended Domestic Violence order whilst in custody.
Outcome:
During the hearing, defence contested the prosecution’s evidence and the statements given to police by the victim and the victim’s ex partner in Mt Druitt Local Court. The defence was able to cross-examine both persons as to the particulars of the incident and suggest evidence to the contrary of what was given. XWD was found not guilty for all charges and the ADVO against her was dismissed.
