Criminal Lawyers Melbourne

Discharge at Committal

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Josh Taaffe
Criminal Defence Lawyer


Assaults / Violence Offences

A Case Study: Aggravated Burglary, Intentionally Cause Serious Injury - Discharged at Committal
18453

The Name of the Offence


Aggravated Burglary, Intentionally Cause Serious Injury

Place of the event - Aggravated Burglary, Intentionally Cause Serious Injury


Bendigo

The court attended - Aggravated Burglary, Intentionally Cause Serious Injury


Bendigo Magistrates' Court
Acting Solicitor: Josh Taaffe

Facts of the Case - Aggravated Burglary, Intentionally Cause Serious Injury


The client was alleged to have driven to an address with two other men who armed with iron bars forced their way into a house and seriously assaulted the occupant. The case against the client was circumstancial - he was said to have borrowed a white four wheel drive on the morning of the offence and there was limited identification evidence provided by witnesses.

At committal, Josh cross examined the witnesses and the man who was said to have lent the 4WD to the client. He established that the 4WD seen at the location of the offence was different in some respects from the car borrowed. More importantly Josh was able to establish that the clothing worn by the client when he borrowed the 4WD bore no resemblance to what he was alleged to be wearing at the location of the offence. The committal demonstrated that there was insufficient admissible evidence to place the client as being involved in the offences.

 

Results Achieved


The client was discharged on all counts.
Article published on 24/09/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne