Unlawful Assault, Unlawful Assault With a Weapon, Threat to Kill. Frankston Magistrates Court.
The client was a passenger on a train when a woman he had previously had a family dispute with also boarded the train. Looks were exchanged, and shortly before the client exited the train he approached her. He proceeded with a verbal barrage against the victim. She claimed that the client then got off the train, put something sharp in into her back and then made threats to kill her.
After requesting and viewing the video footage, it became clear that the client did indeed approach the victim and verbally abuse her. However, what was also clear was that at no time did the client approach her from behind with a weapon of any sort. Even though, based on the footage, the Threat to Kill and Unlawful Assault charges may have been upheld, the complainant had clearly lied in relation to the initial incident. This was a blow to the complainant’s credibility. Following a case conference with a police prosecutor, the prosecution agreed to withdraw the charges.