Unlawful Assault, Recklessly Causing Injury, Breach Family Violence Order.
The client and his partner, who was 6 months pregnant at the time, were having relationship problems. The client came home after being out with friends and his partner immediately started arguing with him about going out too much. The client tried to walk into another room but she followed him into the room and started throwing objects at him. The client then tried to stop her from breaking items in the room, a scuffle ensued, and the partner called police. The client was charged with assault, as the partner claimed that he had slapped her in the face. She was taken to hospital as a precaution due to her pregnancy. Fortunately the baby was fine.
It is always very difficult to get police to withdraw charges of domestic violence. Cases that should be withdrawn will sometimes be forced to contest, where there is often a finding of not guilty. In relation to this case it was our view that the matter should be withdrawn.
There were certain concessions made by the complainant in her statement that were completely consistent with the client acting in self defence or in defence of property. The slap in the face was disputed, but given the matters in the statement the complainant’s credibility was already damaged. Also, as the case was really based on a word on word situation then it was our view the evidence was not there to support a conviction.
After three adjournments the prosecutors finally agreed with our position and all charges were withdrawn.