Our client is a 48-year old man who lives in the Eastern suburbs of Sydney.
He was charged with assault occasioning actual bodily harm after an argument with his wife of 15 years escalated to a physical altercation at their home, during which the complainant allegedly sustained a range of injuries including a ‘black eye’, scratches and bruising.
Our client pleaded not guilty and the matter eventually proceeded to a defended local court hearing.
The prosecutor made a number of fundamental errors during the hearing which meant we were not required to put our client on the stand to give evidence of self-defence.
Inexplicably, the prosecutor failed to show photos taken of the complainant’s alleged injuries to her whilst she gave evidence on the witness stand, which meant they were not admissible as evidence.
The evidence take from the complainant was woefully deficient, and at the close of the prosecution case we submitted that there was no ‘prima facie case’ against our client.
The magistrate accepted our submissions and the charge, as well as the associated application for an apprehended domestic violence order, were dismissed.
Our client was prepared to take the witness stand and explain the situation, but we were able through experience to have the case disposed of before this was even necessary.
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