Case study:
Withdrawal of Recklessly Causing
Injury and Unlawful Assault

Offence Date

 April 2022

Court 

Melbourne Magistrates’ Court, July 2023 

Facts 

In April 2022, there was an incident between our client and his ex-partner. Following that incident, his ex-partner made three complaints to the police on our client allegedly throwing a suitcase on his ex-partner. Following the police statement from his ex-partner, pictures of the suitcase on the floor, a recording of the injuries caused by the suitcase, and the Snapchat GPS location of our client, he was charged with three offences. Our client as charged with the following:

1. Without lawful excuse recklessly cause injury to the complainant under Section 18 of the Crimes Act 1958;
2. The unlawful assault or beating of another person under Section 23 of the Summary Offences Act 1966;
3. Throwing or discharging a missile to cause the injury of or danger to any person or damage to any property under Section 7(g) of the Summary Offences Act 1966.

The Police had prepared an extensive Brief of Evidence against our client containing a number of statements from the complainant, the Police Informant, and a Police Corroborator. Included in the preliminary brief was also several photographs, text messages and Body Worn Camera Footage from Victoria Police obtained at the time of our client’s arrest.

Our office was engaged at a Further Contest Mention date at the Magistrates’ Court of Melbourne. Our client had been represented by other lawyers who were unable to have the case resolved before this date, and at an earlier Contest Mention or at a Summary Case Conference. When we obtained the file, we had extensive negotiations with the Police Prosecutions in an attempt to have the matter resolved, on the basis that all charges against our client be withdrawn.

How the Case Resolved

We provided notice to Victoria Police that we would be contesting the matter on behalf of our client at a Contested Hearing at the Magistrates’ Court. We sought to have the matter listed for a one-day hearing and put the Prosecution on notice that all witnesses involved in the case would need to be readily available for the purpose of cross examination. In addition, we requested that further documentation be provided to our office pursuant to our previous requests for disclosure.

Prior to the Contested Hearing proceeding, we engaged in further discussions with the Police Prosecution and again submitted that the three charges should be withdrawn against our client. In support of this position, we made a detailed submission to the Prosecution indicating the lack of evidence to find a conviction against our client and challenged the evidence that Victoria Police intended to lead. After extensive discussions, Victoria Police eventually offered a resolution to the matter.

Outcome Achieved

Before the hearing had occurred at the Melbourne Magistrates’ Court, Victoria Police advised that they would be seeking to withdraw all three criminal charges against our client. This was an exceptional result as our client had been dealing with these criminal charges for almost 12 months and was relieved that they would rightly be withdrawn. Our office ensured that the charges were withdrawn and confirmed with the Magistrates’ Court allowing our client to move on with his life.