This is a case study on family violence offences, withdrawn at the Sunshine Magistrates’ Court.
What is alleged to have occured?
Our client was facing family violence charges against their ex-partner. These charges, as they are related to family violence, are notoriously hard to have withdrawn as prosecution policy dictates that charges of this nature should be proceeded in almost all circumstances.
It must be noted that the client had no prior convictions against their name; and any recording against their name could prove detrimental to their future prospects of playing their chosen sport overseas.
What happened at court?
We represented the client at the Sunshine Magistrates’ Court and endeavoured to have the charges withdrawn – Unlawful Assault and Criminal Damage. We raised a number of legal issues with the case conference prosecutor that ultimately led to all charges against the client being withdrawn.
What was the result?
Thorough preparation and an excellent understanding of the applicable law were two of the key factors in the client’s family violence offences being withdrawn, along with the strong professional relationships that we have built at Sunshine which made it possible for the client’s case to be the first one dealt with on the day.
Elements of Unlawful Assault:
What is alleged to have occured?
Our client was facing family violence charges against their ex-partner. These charges, as they are related to family violence, are notoriously hard to have withdrawn as prosecution policy dictates that charges of this nature should be proceeded in almost all circumstances.
It must be noted that the client had no prior convictions against their name; and any recording against their name could prove detrimental to their future prospects of playing their chosen sport overseas.
What happened at court?
We represented the client at the Sunshine Magistrates’ Court and endeavoured to have the charges withdrawn – Unlawful Assault and Criminal Damage. We raised a number of legal issues with the case conference prosecutor that ultimately led to all charges against the client being withdrawn.
What was the result?
Thorough preparation and an excellent understanding of the applicable law were two of the key factors in the client’s family violence offences being withdrawn, along with the strong professional relationships that we have built at Sunshine which made it possible for the client’s case to be the first one dealt with on the day.
Elements of Unlawful Assault:
- The accused applied force to the complainant’s body.
- The application of force was intentional or reckless.
- The application of force was without lawful justification or excuse.
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 18/10/2019
