Family Violence – Assault Charges

This is a case related to family violence involving Assault charges, Criminal Damage, and Commit Indictable Offence Whilst on Bail.
Our client was charged with multiple offences following allegations of criminal behaviour that occurred in the context of family violence. The prosecution alleged that our client broke a glass window, assaulted his former-partner, and menaced his former-partner’s sister with a rounded stick. The client conceded that he broke the window but adamantly denied that he assaulted anyone.
The case was heard at the Broadmeadows Children’s Court. Tyson Manicolo acted on the client’s behalf on the charges of:

Tyson had multiple discussions with the prosecutors during which he highlighted the deficiencies in their case; in particular, the inconsistent statements between the alleged victims and witnesses. At first, they refused to withdraw the charges and the matter was listed for a contested hearing. However before the matter was set down for a contest, Tyson insisted that the prosecution get a further statement from the alleged victims confirming whether or not they wanted to proceed with the Unlawful Assault charges, as it became clear to him that they didn’t.

The prosecution obtained a further statement from the alleged victims where they gave a different account of the client’s conduct than the account they gave in their original statement.
Ultimately, all the assault charges were withdrawn. This was a pleasing outcome for a case of family violence that involves assault charges, due to our diligence and persistence as the true events became clear.

Tyson ManicoloTyson Manicolo

Tyson is part of our Broadmeadows team and provides legal representation to clients facing charges in the Magistrates’ and Children’s Courts of Victoria. He is experienced at providing criminal defence against both summary and indictable crimes as well as in instructing Counsel. Tyson holds multiple degrees in Bachelor of Legal Studies, Bachelor of Law, and a Graduate Diploma of Legal Practice.

Admitted to practice in 2016, Tyson has a passion for advocacy and takes pride in helping people understand the law. He ensures that clients are given sound legal advice, a fair trial, and a strategic defence that will lead to the best possible outcome in court.

Know more about Tyson by visiting his profile here.

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 03/05/2018