Aggravated Assault & Domestic Violence – Case Study

Overview

Talon Legal represented an individual falsely accused of domestic violence and attempted harm stemming from a disputed incident with a former partner.

The allegations included physical assault, attempting to run over the alleged victim with a car, and circumstances of aggravation related to the purported relationship.

Talon Legal’s strategic advocacy dismantled the prosecution’s case, showcasing critical evidentiary gaps and inconsistencies in witness statements resulting in the charge(s) against our client ultimately being withdrawn.

Challenge

The allegations involved two counts:

1. Count 1 – Assault: The prosecution alleged that the client physically assaulted the alleged victim, causing injury pursuant to section 20(3) of the Criminal Law Consolidation Act 1935 (SA).
2. Count 2 – Attempted Harm: It was claimed that the client attempted to run over the alleged victim with a car pursuant to section 24 of the Act.
3. Circumstances of Aggravation: The prosecution alleged the offence occurred in aggravated circumstances by claiming the parties were in a domestic relationship.

Despite the allegations, our client maintained their innocence, asserting self-defence and highlighting inconsistencies in the prosecution’s evidence.

Our Approach

We developed a robust defence strategy based on detailed analysis, cross-referencing evidence, and challenging the prosecution’s narrative.

1. Defence Against Count 1

• Self-Defence – We demonstrated that any physical contact was in self-defence. The client sought to de-escalate the situation, which arose after the alleged victim became aggressive and attempted to strangle himself after restraining our client.
• No Evidence of Injury – The prosecution’s case lacked medical evidence of injury to the alleged victim, while our client’s bruises were not documented at the scene due to police oversight.
• Circumstantial Allegations – Highlighted the lack of independent witnesses or objective evidence to corroborate the alleged victim’s claims.

2. Defence Against Count 2

• Contradictory Witness Statements – We uncovered significant inconsistencies in the affidavits provided by witnesses. One witness claimed poor visibility, while another stated the client drove at a low speed, contradicting the alleged victim’s claim of a high-speed attempt.
• Lack of Video Evidence – Despite requests, the prosecution failed to provide any video footage to support the claim of attempted harm.

3. Challenging Circumstances of Aggravation

• Legal Definition of Relationship – We argued that the alleged relationship did not meet the legal definitions under the Criminal Law Consolidation Act 1935 (SA) or the Family Relationships Act 1975 (SA).
• Evidentiary Gaps – Demonstrated that the alleged victim’s claims about the relationship’s duration and living arrangements were inconsistent and unsubstantiated.
• Undermining Credibility – Highlighted the alleged victim’s conduct, such as pawning our client’s jewelry without permission and secretly duplicating house keys, which further contradicted the notion of a close personal relationship and called their character into question.

4. Negotiation for Withdrawal

After taking detailed instructions and considering the entirety of the prosecution case, we prepared a detailed letter of negotiation which comprehensively outlined the deficiencies in the case including the lack of credible evidence and inconsistent allegations to underscore the likelihood of an acquittal if the matter proceeds to trial.

Outcome

Following Talon Legal’s intervention:

• The charges against the client were withdrawn on a without-costs basis, avoiding the need for a trial.
• The client’s reputation and personal record were preserved, allowing them to move forward without ongoing legal burdens.

Key Takeaways

• Remain Silent – There is often nothing you can say to the police once a decision is made to charge you with a criminal offence. Let us to the talking.
• False Allegations – Understand that false allegations do occur, and the police must act and investigation criminal offences, in particular allegations of domestic violence.
• Challenging Evidence is Crucial – Highlighting inconsistencies and gaps in the prosecution’s case can significantly weaken their position and lead to a favourable outcome.
• Early Negotiation May Save Time & Costs – Early engagement with the prosecution and a clear presentation of legal realities can result in the withdrawal of weak cases.

Charged With Aggravated Assault or a Domestic Violence Offence?

Schedule a free 30 minute consultation if you are facing aggravated assault or domestic violence charges in Adelaide. Our experienced criminal defence lawyers have a proven track record of getting charges withdrawn, securing non-conviction orders to protect individuals from criminal records, and achieving the best outcome.