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Assault Charges and AVO Thrown Out of Court Despite Testimony of ‘Independent’ Witness

RELATED TO: Apprehended Violence Orders (AVOs), Assault Charges, Penalties for Criminal Offences, NSW Penalties for Criminal Offences
CRIMINAL CASE

Our client is a 48 year old architect from Surry Hills, Sydney.

His home adjoins that of his neighbour, the complainant. The two have been engaged in an ongoing dispute regarding various issues, including noise.

Just after 3pm on a Tuesday, our client was moving his two wheelie bins when the the neighbour exited her front door and complained about the noise it made.

The disagreement quickly escalated into an argument, and our client allegedly threatened the complainant and pushed one of the bins hard into her thigh, causing pain.

Police were called and our client was charged with assault after statements were taken from the complainant and an independent observer, who supported the complainant’s version of events.

Police also made an application for an Apprehended Violence Order (‘AVO’).

The case went all the way to a defended hearing in Downing Centre Local Court.

The independent witness gave testimony in court supporting the complainant’s version of events.

However, through careful preparation and skilful cross-examination, we were able to systematically discredit both the complainant and the independent witness on the stand.

The Presiding Magistrate ultimately found our client ‘not guilty’ of all charges and also dismissed the AVO that was brought against him.

It is yet another example that cases can certainly be won even if there is an ‘independent witness’ that backs-up the complainant’s story.

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