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      Not Guilty to Assault Occasioning Actual Bodily Harm and AVO dismissed

      Our client is a 28-year-old woman who came to Australia from Tanzania on a partner visa.

      She had been with her partner for 5 years and the pair had been married for the last 3 years.

      Police had alleged that one evening, while she was at home with her partner she had stabbed him twice with a large, serrated knife. The complainant phoned ‘000’ and Police attended a short time later.

      The officers gave evidence in Court that our client was severely intoxicated when they arrived. They also said that they observed the alleged victim with a significant wound that was still bleeding and transported him to St Vincent’s Hospital.

      The the complainant spoke to the on-call doctor and received treatment and the wound was bandaged.

      Police charged our client with ‘Assault Occasioning Actual Bodily Harm‘. If found guilty the maximum penalty for this offence is 5 years imprisonment.

      Our client also participated in an interview with Police where she made damning admissions, including, “I did wrong to cut his hand, I admit that. I’m fine to get some punishment”.

      Despite this, our team of assault lawyers meticulously prepared the case and set out a detailed cross-examination of the alleged victim.

      Our lawyers were able to cross-examine the complainant at length about inconsistencies in his version of events. We also raised his level of intoxication at the time of the incident.

      Ultimately, after a two day Hearing, the Magistrate was persuaded to dismiss the charge. Due to the strength of our defence, Police also withdrew the Apprehended Violence Order (AVO) they had taken out against our client.

      After being subjected to onerous bail and AVO conditions for almost a year, our client can finally have some peace of mind.

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