Unlawful Assault Leading to a Family Violence Case Review

This is a case study on charges of Unlawful Assault (family violence) that led to a case review. It involved a dispute between a husband and a wife that was eventually heard at the Magistrates’ Court.

What is alleged to have occured?
Our client was accused of having assaulted his wife on several different occasions. The offending was alleged to have included choking his wife with both hands. It was further alleged that he pushed her and intentionally slammed her hand on a door.

What happened at court?
Our expert family violence criminal lawyers provided legal representation for the accused at the Broadmeadows Magistrates’ Court.

We analysed all available evidence and consequently found deficiencies in the case of the police prosecution. We wrote to them highlighting the issues we found and ultimately suggested that the matter be a subject of a family violence case review instead. Upon completion of the review, a face-to-face conference took place with the prosecution.

What was the result?
Ultimately, the prosecution 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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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