Withdrawing Domestic Violence Charge

This is a case study on intentionally causing injury in a domestic violence context at the Melbourne Magistrates’ Court, where the charge was withdrawn after police photographs supported the client’s account.

What is alleged to have occured?

The wife alleged that our client had punched her to the head more than three times. She had a visible bump on her forehead. Our client disputed her version of events and denied punching her at all. He said that the injury to her head was caused by her unintentionally head butting him in the mouth area. Our client had visible injury to his mouth.

What happened at court?

Kristina Kothrakis represented the client at the Melbourne Magistrates’ Court on a charge of Intentionally Cause Injury.

The client was adamant that he did not assault his wife in the manner described. He instructed that his injury would have been obvious to the police upon their arrival, and that they took photographs of his injuries when he went to the police station for interview. In his statement, the informant however described the injury as being a small cut to his lip. The client took his own photos of his injuries which showed their extent.

The matter was taken to contest mention where the issue of the causation of the injuries was pressed. Kristina requested that the police produce the photographs they took, which Kristina submitted and which supported the version that our client presented.

What was the result?

The prosecution were ultimately persuaded that the complainant was not a witness of truth. They ultimately agreed that withdrawing the domestic violence charge was the reasonable outcome for the case.