This is a case that involves contesting False Imprisonment, assault charges, and Breach Family Violence Intervention Order (FVIO). It was heard at the Magistrates’ Court and we provided criminal defence for the accused.
What is alleged to have occured?
Our client was charged with the following family violence offences. It was alleged that he committed the offending against his daughter:
- False Imprisonment
- Intentionally Cause Injury
- Recklessly Cause Injury
- Unlawful Assault
- Contravene Family Violence Intervention Order
- Breach Family Violence Intervention Order
The allegations levelled against him were that he had prevented his daughter from leaving his home during a heated argument. The details of the incident include that he then allegedly viciously assaulted his daughter during this confrontation.
What happened at court?
We appeared at the Heidelberg Magistrates’ Court to provide legal representation in behalf of the accused.
During the proceedings, we denied all the allegations at the earliest interview – the offence of false imprisonment, assault charges, and other family violence charges. The matter then proceeded through case conference, contest mention, and finally to contested hearing. After a thorough evaluation of the circumstances, we discovered that the prosecution case was deficient in that a key witness was not interviewed at an early stage. There were also problems in so far as there was no medical evidence of injury.
What was the result?
A successful defence was achieved for our client. He was found not guilty on all charges which is an excellent outcome for contesting False Imprisonment, assault charges, and Breach FVIO. A finding of guilt for these offences would have necessitated a term of imprisonment to be served.
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 20/12/2017
