Acquittal at Trial in Attempted Home Invasion Matter
Case Overview
Our client was a young migrant who had previously been the victim of crime and became involved with a group seeking revenge. Coming from an extremely disadvantaged background and speaking very little English, the client faced significant personal and legal challenges.
The client attended a residential property with others following the earlier incident, resulting in a violent confrontation. The client was charged with attempted home invasion and criminal damage, and was remanded in custody.
The Challenge
The allegations involved serious and violent offending, carrying a significant risk of imprisonment. The prosecution case relied on evidence including CCTV footage, DNA evidence, independent witnesses, weapons located nearby and the client's presence leaving the scene with others.
Given the nature of the allegations, the matter attracted significant scrutiny and required a detailed defence strategy.
Our Strategy
The defence team successfully negotiated the matter away from the more serious initial charge of aggravated home invasion. The client entered a plea of guilty to the less serious criminal damage charges, while the attempted home invasion charge proceeded to trial.
At trial, the prosecution relied on complicity, alleging that the client had agreed with others to attempt to enter the residence while armed.
After the prosecution case concluded, it became apparent that the key issue was identification. While witnesses gave evidence about the incident, they were unable to provide descriptions that adequately distinguished the people present at the door of the residence.
Luke Metherell and counsel advised the client to make a submission that there was no case to answer, arguing that the prosecution had not presented sufficient evidence upon which a jury could find the client guilty beyond reasonable doubt.
The Outcome
The Judge accepted the defence submission and found that the prosecution had not established the identification of the client in relation to the attempted home invasion charge.
A verdict of Not Guilty was entered, resulting in the client's acquittal. Following a plea on the criminal damage charges, the client was promptly released from custody.
Why Experience Matters
This matter demonstrates the importance of engaging criminal defence lawyers with experience in complex trials and access to skilled trial advocates. Through careful analysis of the prosecution case and detailed legal argument, Stary Norton Halphen & Galbally successfully challenged the evidence and achieved an acquittal on the most serious charge.
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.