Case Summary
An information technology professional with more than 20 years of employment experience faced a single charge of unlawful assault arising from an alleged family violence incident involving his partner.
The allegation was that the client pushed his partner, causing her to fall into a plasterboard wall and damage it.
With no prior criminal history, the client was concerned about the potential consequences of a criminal finding, particularly given the implications this could have for his professional career.
The Challenge
The client faced a criminal charge in circumstances where the outcome could have consequences beyond the immediate court proceedings. A criminal finding had the potential to affect his professional reputation and future employment opportunities.
The prosecution alleged that the client had unlawfully pushed his partner, causing her to fall. However, the circumstances leading up to the incident were important to understanding the client's account of what had occurred.
The defence needed to ensure that the prosecution considered the broader context, including the client's account that he had attempted to remove himself from an escalating confrontation before the alleged assault took place.
Our Strategy
Brett Barratt reviewed the brief of evidence before the initial conference with the client. This allowed the meeting to focus on obtaining detailed instructions, identifying the relevant issues and assessing the available evidence from the outset.
The client explained that his partner had pursued him around the house during an escalating argument and that he had made several attempts to remove himself from the situation.
According to the client's account, he eventually retreated to his bedroom, where he pushed his partner as a means of protecting himself and creating an opportunity to withdraw to a safe space until the situation de-escalated.
The defence relied on the client's account of self-defence and the circumstances surrounding the incident. Following the conference, Brett prepared detailed written representations to the prosecution, setting out the client's version of events and explaining why the alleged conduct needed to be considered in its full context.
By reviewing the evidence and communicating the defence position at an early stage, the aim was to resolve the matter without the need for protracted criminal proceedings.
The Result
The prosecution agreed to withdraw the charge at the first court listing.
The charge was withdrawn within approximately eight weeks of the client attending the firm's office for his initial conference.
This avoided the need for lengthy legal proceedings, further court appearances and the associated expense. It also brought the criminal matter to an early conclusion, which was particularly important given the potential implications for the client's professional career.
Why Experience Matters in Criminal Defence
An early and considered response to a criminal charge can make an important difference to how a matter progresses. Reviewing the evidence before the first client conference allows potential issues to be identified promptly and helps ensure that representations to the prosecution are informed by the available material and the client's instructions.
Stary Norton Halphen & Galbally has extensive experience defending criminal charges throughout Victoria. Our approach involves careful preparation, detailed client conferences and timely engagement with the prosecution where appropriate.
In this matter, reviewing the brief of evidence before the initial conference enabled the defence to prepare and present the client's position promptly, contributing to the withdrawal of the charge at the first court listing.
If you are facing a criminal charge, obtaining legal representation early can help you understand your options and ensure that your account and relevant evidence are properly considered.
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.