Assault and Bail Breach Charges Withdrawn at Mention
Case Summary
Client Profile
A client living in an apartment block with a disagreeable neighbour with a long-running dispute.
The client was arrested for an alleged assault against that neighbour using a weapon and bailed with a condition not to go within 200m of their address, resulting in them being made homeless.
The alleged assault was captured on CCTV and police photographed the complainant's alleged injury. The client then returned to the address and was charged for contravening bail.
The client was charged with recklessly causing injury in the first brief and then contravening a conduct condition of bail in another. A term of imprisonment was very likely.
The Circumstances Surrounding the Matter
The assault matter involved a witness statement, police evidence of an injury, a complainant who reported the alleged incident quickly to security, and police who attended rapidly.
The bail breach presented a different challenge. Police had caught the client at his address and therefore the evidence was overwhelming.
Our Strategy
For the assault, Luke Metherell identified issues with the complainant’s statement which raised serious issues regarding their credibility and reliability.
Luke also pointed out the lack of strong direct evidence making out the assault, particularly given issues with the CCTV provided.
For the bail breach, the first step was to successfully vary the bail so that the client could live at their residence again.
Luke then argued for withdrawal of the charge on the basis that it was not in the public interest to pursue it. Bail had since been varied to allow the client to live in the house, and it was wholly unfair to render him homeless in those circumstances.
Result
Charges across two briefs were withdrawn at Mention, finalising the matter.
The bail conduct breach offence was withdrawn on a public interest basis, as proposed.
Why the Client Benefited from Our Representation
The matter required persistent advocacy, a firm understanding of the relevant case law and charges, and strong negotiation skills.
Disclaimer: The case results featured are real matters handled by our firm. However, every case is different and outcomes vary depending on a range of factors, including the specific facts, circumstances and evidence involved. Past results are not a guarantee of future outcomes and should not be relied upon to predict or determine the result of your matter.