Unlawful Assault Leading to a Family Violence Case Review

Family ViolenceThis is a case study on charges of Unlawful Assault leading to a Family Violence Case Review.

Our client was accused of having assaulted his wife on several different occasions. The offending was alleged to include choking his wife with both hands, pushing her, and intentionally slamming her hand in a door.

Brent Casey represented the client at the Broadmeadows Magistrates’ Court.

Following an analysis of the evidence, Brent wrote to the police prosecution setting out the deficiencies in the police case and suggesting that the matter be the subject of a Family Violence Case Review. Upon completion of the review, a face-to-face conference took place with the prosecution. Ultimately, they agreed to withdraw all the charges against the client.

This was an excellent outcome for a case that involves charges of Unlawful Assault leading to a Family Violence Case Review.

Elements of Unlawful Assault:

  • The accused applied force to the complainant’s body;
  • The application of force was intentional or reckless; and
  • The application of force was without lawful justification or excuse.

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Brent CaseyBrent Casey

Brent is based in our Broadmeadows office and has over 10 years experience in Criminal Law. An Accredited Criminal Law Specialist, Brent works hard to protect the rights of his clients and present their cases diligently and determined to get the best possible result.

Visit Brent’s profile to read more about his background.

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 13/05/2019