The Court: Werribee Magistrates Court
The Lawyer: Dylan Morris
The Charges:
The Allegations:
The client and his six-month-pregnant partner were having relationship issues. The client was out with his friends and had come home late, which resulted in an argument with his partner. The client tried to avoid the argument by walking into another room; however, the complainant followed him, and she started to throw objects at him. The client attempted to stop the complainant from throwing objects, and a scuffle ensued. The complainant called the Police, who attended the property a short time later.
The client was charged with assaulting his partner, as the complainant alleged the client had slapped her in the face. Police issued a Family Violence Safety Notice to remove the client from the property, and the complainant was transported to the hospital as a precaution due to her pregnancy.
At Court:
It is always very difficult to get police to withdraw family violence-related charges, particularly at the initial stages of court proceedings.
The client indicated that he was defending himself and his property. Our solicitor carefully reviewed the material contained in the brief of evidence. Certain concessions made by the complainant in her statement were consistent with the client acting in self-defence or defence of property.
The slap-in-the-face allegation was disputed, and the case was merely a word-for-word argument. Our solicitor raised the self-defence argument with prosecutors, and we submitted that there was insufficient evidence to support a conviction. Prosecutors disagreed with our position, and the matter was contested.
The Outcome:
Several discussions with prosecutors took place leading up to contest mention. On that date, prosecutors withdrew all charges on the basis that our client was acting in self-defence. The family violence safety notice resolved to a limited final family violence intervention order for 12 months, including the conditions that our client would not commit family violence and would not damage or destroy any of his partner’s property.
