Self Defence Acquittal
Our client V was charged with assault and injury charges allegedly against her ex-husband’s recent widow. The widow claimed that V attended her apartment demanding property that had belonged to the ex husband and when it was not delivered became enraged and assaulted her. The widow claimed that she was holding her baby throughout the assault.
V’s account was that the widow blamed her for the suicide of her ex husband and began accusing her of responsibility for his death before attacking her. V said that she punched the widow in self defence.
- Intentionally cause injury
- Threats to kill
At a contested hearing in the Magistrates’ Court, Josh cross examined the widow and a neighbour who saw part of the incident. He was able to expose the inconsistencies between the evidence given by the widow and the different account of events given in her three witness statements.
Most importantly the widow’s claim that she had her baby with her at the relevant times and that she was acting calmly and pleading for V to stop her assault did not match the evidence elicited from the neighbour.
V was acquitted of all charges.
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