This is a case study on family violence charges being withdrawn. We provided criminal defence for the client at the Magistrates’ Court and successfully obtained a favourable sentencing outcome by the end of the matter.
What is alleged to have occured?
The accused, our client, had been charged with several family violence offences. The criminal charges were deemed very serious and included Threats to Kill, Assault, and Unlawful Assault With a Weapon. All of these charges were allegedly committed against the client’s mother which made it a family violence matter due to the nature of the relationship between them.
What happened at court?
Our expert family violence lawyers represented the client at the Sunshine Magistrates’ Court. They evaluated the circumstances of the case, all the evidence available, and took note of issues that may be raised later with the prosecution.
The matter then proceeded to a case conference. During this process, we pointed out to the police that there was one crucial deficiency on the side of the prosecution. It turned out that they had actually not obtained a statement from the client’s mother and ultimately had insufficient evidence to prove the charges against the accused. This was a significant factor.
What was the result?
Following further discussions at the contest mention, all the family violence charges against our client were withdrawn. This was a great result especially that the police rarely withdraw charges related to family violence.
What is alleged to have occured?
The accused, our client, had been charged with several family violence offences. The criminal charges were deemed very serious and included Threats to Kill, Assault, and Unlawful Assault With a Weapon. All of these charges were allegedly committed against the client’s mother which made it a family violence matter due to the nature of the relationship between them.
What happened at court?
Our expert family violence lawyers represented the client at the Sunshine Magistrates’ Court. They evaluated the circumstances of the case, all the evidence available, and took note of issues that may be raised later with the prosecution.
The matter then proceeded to a case conference. During this process, we pointed out to the police that there was one crucial deficiency on the side of the prosecution. It turned out that they had actually not obtained a statement from the client’s mother and ultimately had insufficient evidence to prove the charges against the accused. This was a significant factor.
What was the result?
Following further discussions at the contest mention, all the family violence charges against our client were withdrawn. This was a great result especially that the police rarely withdraw charges related to family violence.
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 20/11/2017
