The Court: Dandenong Magistrates Court
The Lawyer: Daniel Walsh
The Charges:
The Allegations:
The client, a 25-year-old male, was out at a club one night. He was talking to the DJ when a female patron told him to get away from the records and pushed him backwards. The client ended up having a verbal dispute with the female patron until a male friend of the female patron intervened. As the client was backing away from him, the DJ came out from behind the DJ decks and walked briskly towards the client with his hands up. At this point, the client, whilst walking backwards in retreat, punched the DJ once to the head, knocking him down.
Security at the venue intervened and separated the two parties before calling the police. The incident was captured on CCTV footage. Upon police attendance, our client was taken to the local police station to participate in a recorded interview.
At Court:
Our solicitor reviewed the brief of evidence and requested copies of the record of interview and the CCTV footage of the incident.
During the interview, the client recounted a version of events completely consistent with the CCTV footage. He clearly stated in the interview that he thought he was about to be hit by the DJ, so he struck him once. Our solicitor advised the client that he may have an argument of self-defence and could contest the charges on that basis.
Lengthy discussions occurred during case conferencing between our solicitor and the prosecutor regarding the charges. Our solicitor notified the prosecution that the defence position was to contest the charges based on a self-defence argument unless the charges were withdrawn. Our solicitor submitted that the client honestly believed his actions were necessary to protect himself at the time and that his response (one punch) was reasonable in all the circumstances.
The Outcome:
Prosecutors conducted an assessment of the evidence, including reviewing the CCTV footage and our client’s record of interview. Following our solicitor’s arguments, the prosecutor agreed to withdraw the charges against our client. On the first mention date of the matter, our solicitor appeared in court with the client, and the prosecution formally withdrew the charges.
This was a fantastic outcome for our client, as it meant he was spared significant legal costs and avoided months of litigation.
