Charges withdrawn and dismissed in domestic violence Legal Aid case

Apprehended Violence Orders, Assault, Criminal Law, Domestic Violence, Downing Centre Local Court, Legal Aid, Not Guilty, Recent Cases

We represented a legally aided client in our capacity as member of the General Criminal Law Panel of Legal Aid at the Downing Centre Local Court. He was charged with common assault and breach of an AVO, the complainant being the mother of his child. The case proceeded and we cross-examined the officer in charge, weakening the prosecution case to the extent that it turned only on the truthfulness of the complainant’s account. In the morning tea adjournment, the complainant shot through and communicated to police that she would not be returning to give evidence. We opposed an adjournment and the prosecutor was pressed to either arrest the complainant and bring her to court to give evidence, or withdraw the charges. Encouraging the prosecutor to take the latter course, we reminded them of our client’s criminal record and that he was before the courts for other matters involving the complainant. Eventually, the prosecution caved and withdrew the charges and the Magistrate dismissed the case.

Charges withdrawn and dismissed in domestic violence Legal Aid case