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.