Conviction Appeal: Assault Occasioning Actual Bodily Harm charges
The client originated from Egypt. He was a professional back in his country but had difficulties having his qualifications recognized in Australia and wanted to fly home to see his sick mother. He went to a well known travel agency who promised that if you found a flight for a cheaper price, they would beat it by a percentage of the price. When he pointed this out to the manager, he was told to get out of the store. He said he would wait for police.
What happened next was extraordinary. Six security guards set upon him, placing him in a headlock, stomping him, punching and striking him. Outnumbered, he bit 3 hands or arms of his attackers.
Surprisingly he was convicted in the Local Court, CCTV footage clearly showed that the security guards were the aggressors and at the very least the appellant was acting in self defence. Despite being captured by CCTV, client was convicted and given suspended prison sentences pursuant to Section 12 Crimes (Sentencing Procedure) Act.
On Appeal: The District Court Judge in the Sydney District Court took one look at the CCTV footage and upheld the appeal.
Conviction overturned. Civil proceedings commenced against the aggressors. The client then went on to sue the security guards and obtained a fantastic outcome.
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