Aggravated Assault Charge Withdrawn
Aggravated assault charges withdrawn by the Prosecution after forensic review of the evidence and negotiations.
Background
Our client was charged with a serious domestic violence allegation in South Australia. During the course of a breakup, the complainant alleged that our client committed an act of aggravated assault against them in the Christies Beach Magistrates Court. The client faced serious allegations of domestic violence, attempted harm, and circumstances of aggravation.
It was alleged that our client attempted to run over the alleged victim with a car. The allegations involved two counts:
- Count 1 – Assault: The prosecution alleged that the client physically assaulted the alleged victim, causing injury.
- Count 2 – Attempted Harm: It was claimed that the client attempted to run over the alleged victim with a car.
- Circumstances of Aggravation: The prosecution sought to classify the charges as aggravated by claiming the parties were in a domestic relationship, subjecting the client to harsher penalties.
We conducted a forensic review of the evidence and quickly formed the view that the Prosecution would not be able to secure a conviction. The victim’s statements were riddled with inconsistencies and the case against our client was tenuous.
Outcome at a glance
- Aggravated assault charge withdrawn by the Prosecution
- No criminal record or further court attendance required
- The relationship and allegations were disproved
After forensically reviewing the evidence, Talon Legal engaged in negotiations with the Prosecution and the charge against our client was subsequently withdrawn without costs.
Aggravated Assault
Under section 20 of the Criminal Law Consolidation Act 1935 (SA) (CLCA), assault includes the intentional application of force to another without consent. Where an assault occurs in circumstances of aggravation, the police may charge a person with an aggravated assault.
The relevant circumstance of aggravation in this case was that the offender committed the offence knowing that the victim of the offence was a person with whom the offender was, or was formerly, in a relationship.
Being in a Relationship is an Aggravating Circumstances
Two people will be taken to be in a relationship for the purposes of under section 5AA(1)(g) of the Criminal Law Consolidation Act 1935 (SA), if section 5AA(4)(a) applies. The allegation in this matter was that our client and the victim were domestic partners pursuant to section section 5AA(4)(b).
What is a Domestic Partner?
In an aggravated assault case involving domestic violence, a domestic partner is a person who is a domestic partner within the meaning of the Family Relationships Act 1975 (SA), whether declared as such under that Act or not. This includes:
- A person who is, on that date, in a registered relationship with the other; or
- The person is, on that date, living with the other in a close personal relationship and the person has so lived with the other continuously for the period of 3 years immediately preceding that date; or
- Has during the period of 4 years immediately preceding that date so lived with the other for periods aggregating not less than 3 years; or a child, of whom the 2 persons are the parents, has been born (whether or not the child is still living at that date).
Our Approach
Talon Legal disproved the existence of a relationship thereby reducing the objective seriousness of the charge before forensically scrutinising the victim’s evidence. After thorough cross-referencing, Talon Legal robustly challenged the prosecution case and established several alternative theories that were consistent with innocence:
Self Defence to Assault
- Self-Defence Established: Any act of assault was denied and in the alternative if an assault did occur, it occurred in circumstances of self-defence. The client sought to de-escalate the situation, which arose after the alleged victim became aggressive and attempted self-strangled while restraining the client.
- No Evidence of Injury: The prosecution’s case lacked medical evidence of injury to the alleged victim, while the 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.
Contradictory Evidence
- Contradictory Witness Statements: Talon Legal 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.
Disproving the Relationship
- Legal Definition of Relationship: The alleged relationship did not meet the legal definitions under the Criminal Law Consolidation Act 1935 (SA) or the Family Relationships Act 1975 (SA). The parties briefly resided together and were not mutually exclusive. Their relationship did not suggest the hallmarks of a commitment, share goals for the future or other indicia of exclusivity.
- 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 an engagement ring and secretly duplicating house keys, which contradicted the notion of a close personal relationship.
Negotiating Withdrawal of Aggravated Assault Charges
- Evidentiary Weaknesses: Presented the prosecution with a detailed letter outlining the lack of credible evidence and inconsistencies in the allegations.
- Legal and Practical Realities: Emphasised the high likelihood of an acquittal and the unnecessary costs of pursuing the matter.
Outcome: Aggravated Assault Charges Withdrawn
- The charges against the client were withdrawn on a without-costs basis, avoiding the need for a trial.
- The client’s reputation remained and criminal record remained untarnished.
Key Takeaways
- Challenging Evidence is Crucial: Highlighting inconsistencies and gaps in the prosecution’s case can significantly weaken their position and lead to a favourable outcome.
- Strategic Negotiation Saves Time and Costs: Early engagement with the prosecution and a clear presentation of legal realities can result in the withdrawal of weak cases.
- Detailed Legal Advocacy: A meticulous understanding of the legal definitions and standards for aggravation, forensic approach to evidence and persuasive advocacy ensures that frivolous charges are withdrawn.
Aggravated Assault Charge?
Aggravated assault charges attract a significant stigma. Once a complaint is made to police, they are duty bound to investigate and will likely charge you with an offence.
Often, there is very little to nothing you can say or do to extricate yourself and avoid an initial charge. However, what you say and do immediately after can have a significant impact on the outcome of your case.
Do not leave your future to chance. These charges are serious and carry lasting consequences. We act quickly, communicate clearly, and fight hard to protect your rights.
Speak with an experienced criminal lawyer
Contact Talon Legal today to discuss your case for free and without obligation:
- Call now (08) 7094 2021 or book your free case review online.
- Understand non-conviction outcomes: Section 24 Sentencing Act guide.
- Learn more about assault law in SA: Assault & Violence Offences hub.
