Recklessly Causing Injury; Unlawful Assault
The client was out at a club. He was talking to the DJ when a female patron told him to get away from the records and pushed him backwards. The client fended her off and was then set upon by a male friend of the female patron. 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.
We requested the CCTV footage and listened to the client’s Record of Interview. 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 (the client) struck out once.
We suggested that the Informant (the police detective) withdraw the charges, as there was a high chance our client would successfully claim self defence. We also said that the client was happy to pay some dental bills incurred by the victim in order to resolve the matter.
On this basis the Informant was prepared to recommend withdrawing the charges. The prosecutor agreed and the matter was withdrawn on the first Court appearance.