False Imprisonment and Threats to Kill – All Withdrawn

This is a case study on false imprisonment and threats to kill at the Melbourne Magistrates’ Court, where all charges were withdrawn following negotiations with the prosecution.

What is alleged to have occured?

It was alleged by police that he had attended at the complainant’s house for the purposes of having a tattoo attended to by the female complainant. They were shortly joined by a male friend of the complainant and all three commenced using amphetamines. During the course of the evening, it was alleged that the accused received a telephone call from an unknown person, after which time his demeanour changed dramatically. He was said to have threatened both complainants, effectively locking them in the house, as well as threatening them with a handgun. It was alleged that the accused had told them both that they were going to die, or be seriously injured. The event was said to have taken place over the course of 6 hours, before the accused left the premises and both complainants escaped and the matter was reported to police.

What happened at court?

He was charged with:

• False imprisonment
• Threats to kill
• Threats to inflict serious injury
• Prohibited person possessing a handgun

The accused man denied all allegations, and stated that he had an alibi for a period of time shortly after he was said to have received the telephone call that changed his demeanour. Statements were obtained from the alibi witness.

We represented the accused at the Melbourne Magistrates’ Court.

What was the result?

Following negotiations with the prosecution, they agreed to withdraw all charges against the accused.