Common Assault – Malicious Damage – Domestic Violence

Published 24 Oct 2011

Case Study - Criminal Offence – Criminal Matter – Common Assault – Malicious Damage – Domestic Violence – Defended Hearing – Parramatta Local Court - Self Defence – AVO – Unfavourable witness – Section 10

Nyman Gibson Stewart Criminal Lawyers - Sydney and Parramatta Offices
Parramatta Local Court

Represented by Solicitor: Riyad El-Choufani

Facts – Our client was alleged to have kicked his partner, smashed her car window and broken her mobile phone. Our client accepted responsibility for the window but instructed us to defend the other charges. His partner later sought to retract her statement but the police declined to withdraw the charges. Pleas of not guilty were entered to those matters and the charges set down for hearing.

Result – The hearing involved some technical complexity.  The prosecution sought to cross examine the partner whom they considered unfavourable to their case.  At the end of the day, the evidence of the partner and our client was accepted and the charges dismissed - our client being found not guilty.  In relation to the Malicious Damage to the car window our client received a section 10 bond thereby avoiding a criminal conviction. The AVO was also dismissed after the hearing. Our client was shocked and ecstatic that we had achieved such a great result. He was impressed with our knowledge of the law and the commitment we had shown to his case.

Quite often people will embellish the truth by exaggerating something when complaining to police when they are either angry or upset. Withdrawing these inflammatory and sometimes false comments is not straight forward. Defending cases such as these requires a thorough understanding of the Evidence Act, police procedure and a lot of common sense.

Riyad El Choufani is a criminal defense lawyer based at our Parramatta office.