Unlawful Assault Leading to a Family Violence Case Review

This 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.
We represented the client at the Broadmeadows Magistrates’ Court.

Following an analysis of the evidence, we 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.

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