Recent Assault Cases

• Bail Granted & then Not Guilty to Intentionally Choke, Assault & Intimidation Charges

Recently Astor Legal appeared at Downing Centre Local Court in relation to a client charged with a number of domestic violence charges including Intentionally Choke, Common Assault, Assault Occasioning Actual Bodily Harm and Stalk/Intimidate.

Police alleged that our client had become engaged in a heated argument with his wife in the kitchen. This argument then moved to the bedroom of their 8-year-old daughter. It was alleged that while their daughter was present, our client had slapped his wife in the face before throwing a fan at her.

The prosecution claimed that our client had then choked his wife for a number of seconds, leaving her unable to breathe. It was alleged that his wife then ran out of the apartment and to the front of the building where she called Police and waited for them to arrive.

Our client contacted us after his arrest by Police. He was bail refused and brought before Waverley Local Court for a bail application. We appeared for him and despite strenuous objections by the prosecutor, we were able to have our client released on bail.

We then got to work preparing his defence.

We obtained CCTV footage from the apartment complex which showed that the complainant had not ran from the apartment, but rather walked at a leisurely pace. We were also able to obtain the 000 recording of her phone call to Police where she gave a version that was significantly different to what she told the Police officers who arrived on the scene.

At the hearing we were able to cross-examine her at length about these inconsistencies. Further inconsistencies in her version were revealed during our cross-examination.

Ultimately, the Magistrate could not be satisfied beyond reasonable doubt on each of the allegations and our client was found ‘not guilty’.
• Charged with Affray and assault, no conviction

Our client is a 22-year-old professional rugby player. He was in the Sydney CBD with 3 friends.

While walking out of ‘The Star’ he was attempting to hail a taxi. The driver refused to allow our client into the taxi and began verbally abusing our client.

Our client and a friend approached the driver side window.

A physical altercation ensured with bystanders having to step between the parties. The taxi driver sustained cuts to his face and significant bleeding.

As a result, our client was charged with Affray and assault occasioning actual bodily harm. The Police facts sheet alleged that our client had punched the driver numerous times and attempted to choke him.

He was also issued with a banning notice from the Star.

Our client’s instructions were that he had only slapped the driver.

He had spoken to other lawyers who advised him that he would have to accept the Facts Sheet and charges and that he could not avoid a conviction.

We took a different view.

We immediately began writing ‘representations’ to have both charges withdrawn in lieu of our client pleading guilty to a charge of Common assault.

We also began negotiating for the Facts Sheet to be heavily amended to delete any references to our client punching the driver and the driver being injured.

We also were able to have the banning order revoked. Ultimately our amendments to the Facts were agreed.

We provided our client with our specialised character reference and apology letter guides. We obtained references confirming that he was heavily involved in charity work and that a criminal conviction would affect his ability to travel and it could lead to fines and suspensions from the NRL.

We made lengthy oral submissions in Court, stressing the low objective seriousness of the offending as well as our client’s need to be conviction free.

The magistrate accepted our submissions and exercised her discretion not to impose a criminal conviction.

We were also able to use our public relations specialists to ensure that the case did not garner any media attention.
• No conviction for Assault Police, Resist Arrest, Intimidation and High Range Drink Driving

Our client is a 19 year old tennis prodigy, currently undertaking a scholarship at an American University.

He was in Australia for a short break before he was due to return to the USA to recommence his studies.
One night he attended an event in the city where he consumed a number of alcoholic drinks.

He got into a taxi to take him home. However, along the journey he asked for a detour to be made at an RSL club.

The taxi driver obliged and delivered our client to the RSL club. Unfortunately, when our client tried to pay, his card continuously declined. Enraged, he began causing damage to the inside of the taxi.

The taxi driver exited the vehicle and asked nearby security for assistance. When security arrived, our client locked the doors to the taxi and began trying to drive the taxi away.

Police attended a short time later where they engaged in a brief scuffle with our client before arresting him and taking him to a Police Station. He was breath tested and registered a reading of 0.170.

While in the cells at the Police Station, our client continuously threatened the on-duty Police officer including threatening to rape him.

He was ultimately charged with a host of offences including Assault Police, Resist Arrest, Intimidation and High Range Drink Driving. He came to us distraught at the prospect of being convicted for these offences.

We immediately got to work.

We arranged for our client to speak to our specialist clinical psychologist. She was able to diagnose our client with severe depression anxiety which he had been self-medicating with alcohol.

An intensive treatment plan was drafted which our client began complying with.

Further, we obtained evidence of his scholarship, his visa requirements and the ramifications of a criminal conviction for him.

We next assisted him by providing him our character reference and apology letter guide. References from the Dean of his University as well as the Australian National Coaching Team were prepared.

We also advised him to prepare an apology letter to the Police officer and taxi driver.

Having prepared the case meticulously, we were able to convince one of the toughest Magistrates in the country to grant a ‘section 10’ to our client.

He was ecstatic to be able to remain conviction free and continue his career.
• Conviction Overturned on Appeal at Parramatta District Court

Last month Astor Legal appeared at Parramatta District Court in relation to an appeal of a domestic violence assault.

Our client had appeared self-represented at Fairfield Local Court where he was convicted of common assault. Despite our client’s assertions that he was innocent, the Magistrate found that our client had punched and slapped his wife approximately 10 times before pushing her to the ground.

He came to distraught and hoping to have his conviction overturned.

Upon receiving the transcript of the Local Court proceedings we began preparing written submissions setting out why a number of legal directions that the Court should have gave itself as well as inconsistencies in the evidence of the complainant. In particular, we argued that self-defence had been raised – a matter that the Local Court Magistrate had rejected.

At the hearing of the appeal at Parramatta District Court, the Judge was ultimately persuaded by our submissions. Her Honour found that the Crown had not proved beyond reasonable doubt that our client had punched and slapped his wife. In the result, the conviction was overturned and our client is able to continue on with his life.
• Not Guilty of Assault Occasioning Actual Bodily Harm

Our client is a single mother of two children who was charged with Assault Occasioning Actual Bodily Harm.

It was alleged that our client attacked another parent at her child’s school. The complainant made a statement to police claiming that our client threw a water bottle at the complainant and then grabbed her by the face and neck area with her hand and did not let go. The alleged victim told police that she had suffered injuries to her neck.

There was also a witness who arrived at the school during the altercation and observed the fight. Police had obtained a statement from this person.

There were a number of additional witnesses who were present throughout the fight, however statements were not obtained from them. As such we commenced by explaining to her how to beat an assault charge.

Upon speaking to our client, she told us that she had in fact been attacked first and was acting in self-defence.

The prosecution had also not charged our client with common assault. As such, they had to prove that our client was responsible for the injuries.

With this in mind, we commenced preparing a cross-examination of the complainant. In her evidence in chief at Burwood Local Court, she made a number of assertions that were not in her statement. We were able to elicit a number of inconsistencies throughout a meticulous and extensive cross-examination. It became quite obvious that the complainant had exaggerated her evidence.

Secondly, there was a witness statement from our client’s mother in law which supported our client having acted in self defence.

Under cross-examination we were able to have the independent witness admit that she did not see the start of the fight. As such she could not be used by the prosecution to rebut self-defence. Further, the witness agreed that our client had not touched the complainant’s neck.

In clsing submissions we highlighted that the complainant was not a credible or reliable witness. We further submitted that even if the prosecution were able to rebut self-defence, if they could not prove that our client caused the injuries then she would have to be found not guilty.  

Ultimately, the magistrate agreed with our submissions and the client was found ‘not guilty’ for Assault Occasioning Actual Bodily Harm. She is now able to move on with her life without  a conviction hanging over head.