Withdrawing Recklessly Cause Injury Charge
This is a case of withdrawing a Recklessly Cause Injury charge.
Our client and his partner were involved in an altercation at our client’s home. A neighbour heard the arguing and called the police. Upon police arrival, it was clear that our client’s partner’s wrist had been injured and she was in visible pain. An ambulance was called for her.
The client gave the police his account of how his partner sustained her injury. He told the police that during the altercation, his partner came at him from behind him with a dog bowl in her hand, took a swing at his head and, in doing so, hit his head with her arm. The dog bowl made contact with his head and the police did notice a bloodied gash on our client’s forehead.
Police made observations of our client’s partner being difficult and argumentative, and formed the opinion that our client required protection from her. A personal safety notice was issued by the police.
The partner had told the police that our client had broken her arm. When she attended at the hospital, she gave doctors an account of how she broke her arm which involved our client grabbing her aggressively pulling her to the ground, and twisting her arm up behind her back. She said that she felt a snap in her wrist at that time. Our client was then subsequently charged by the police for recklessly causing injury to his partner.
Our client denied causing injury to his partner’s arm in the way she alleged. The police had sought a report from an orthopaedic surgeon to provide an opinion as to whether it was likely that the injury was caused in the manner which the complainant had alleged. The report indicated that it was probable that the injury occurred in a manner she alleged, and highly unlikely to have occurred in the manner as alleged by the client.
We requested further disclosure of the medical material and, on close review, saw that the complainant had given different accounts to different doctors in relation to how the injury took place. We also requested a copy of the x-rays taken at the hospital and submitted them along with the other medical material to our own orthopaedic surgeon for independent advice. The surgeon provided us with a detailed report which provided an opinion supported by a literature review, which indicated that the manner in which the complainant alleged her injury occurred was highly improbable, and that our client’s version likely.
We appeared at court and conducted a summary case conference with the prosecution. We highlighted to them the issues they would have successfully running a contested hearing on the matter given the complainant’s inconsistent accounts, her presentation on the night as observed by the police, and our credible expert report which contradicted their own. The prosecution ultimately agreed to withdrawing the Recklessly Cause Injury charge.
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
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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 28/11/2017