Assault & Firearm Charges – Reduced Sentence

The client was charged with a violence offence arising from an alleged glassing outside a nightclub.

The client maintained that he was at all times acting in self defence as he was being set upon by a group of young men. One person was seriously injured with lacerations to the head and a fractured cheekbone.

We represented the client at the Melbourne Magistrates’ Court for the charge of Assault.

The matter was set down for contested hearing, however ultimately all charges were withdrawn against our client prior to the contested hearing date.

One of the issues in this matter was there was a number of witnesses to the event, yet the police only obtained only a small number of select statements.

We proposed to call additional witnesses who hadn’t been approached by the police but who were present. Further, the prosecution had difficulty locating the two complainants in the matter.

We opposed the matter proceeding in their absence and opposed the Prosecution reliance on their witness statements alone. Ultimately this lead to the Prosecution withdrawing all charges as they could not overcome that this was a case of self defence.


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013