Domestic Violence Charges Withdrawn After CCTV Evidence
Case Overview
Our client was involved in a domestic dispute that resulted in her male partner contacting police. The male complainant made various claims alleging that our client had assaulted him, including allegations that she had inflicted injuries to his upper body.
Our client was charged by police and faced significant consequences if convicted, including consequences from the criminal courts and professional organisations that regulated her profession.
Cases involving family violence can sometimes result in women being misrecognised by police as the perpetrators when they are in fact the victims. In such circumstances, it can be important to act quickly and put forward evidence that assists investigators and prosecutors in understanding what occurred.
Defence Strategy
The primary evidence against our client was CCTV capturing the domestic dispute. The CCTV had come from our client, and there was more footage available than investigators had originally shown interest in or, as became apparent, had closely examined.
Most importantly, further CCTV recorded the male complainant speaking to police on the phone sometime after the alleged assault.
By carefully reviewing all of the CCTV available to our client, rather than limiting our review to the footage provided to police, we discovered evidence that established the complainant had inflicted the injuries upon himself and had fabricated his complaint.
The evidence was contained in the CCTV. We acted quickly to bring this information to the attention of the investigating officers and the police prosecutors at Court, with the aim of bringing the prosecution to an end as soon as possible.
Result
Although we were not immediately successful in having the police withdraw the charges before the first hearing, the prosecution ultimately realised that its case could not succeed in light of the evidence uncovered.
All charges were ultimately withdrawn, and the police agreed to pay our client's legal costs.
Family violence is the cause of significant police attention, and rightly so. However, where there is a chance that the real victim has been misrecognised, it is vital to move quickly and bring evidence to the attention of police that may assist in establishing what actually occurred.
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.