Discharged at Committal
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 circumstantial – 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.
He was charged with:
- Aggravated Burglary
- Intentionally Cause Serious Injury
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.
The client was discharged on all counts.
As an instructing solicitor Josh has specialised in handling complex matters, such as murder and terrorism trials, including State and Commonwealth Supreme Court trials. Josh is an Accredited Criminal Law Specialist.
Visit Josh’s profile to read more about his background and experience.
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