Our 53 year old client was woken up by police officers who attended her home for a chat about allegations of domestic violence between her and her husband. This took place after her husband had reported that he was assaulted by her.
Our client was arrested and taken to the Parramatta police station where she participated in an electronic interview with police.
Our client had not by this stage, sought any legal advice prior to speaking with police. In the interview she informed the police that an argument had occurred between her and her husband earlier that morning in relation to allegations of his infidelity, and that she acted in self defence when her husband became physically aggressive towards her.
Notwithstanding her honest claim of self defence in her interview with police, she was still charged with Assault Occasioning Actual Bodily Harm and Common Assault. An AVO was also put in place by police against our client.
She contacted our office, and an appointment was immediately arranged for a free first consultation with our team of criminal lawyers who provided her with advice on her options and possible ways to approach the allegations.
We appeared in court and entered a plea of not guilty to the charges.
Our criminal defence lawyer, Tayla Regan had immediately commenced the preparation phase of the case.
Our client and her husband, the alleged victim continued their relationship as the husband did not wish to continue with the case against his wife. notwithstanding this, the police continued with the prosecution against her.
Her husband with issued by police with a subpoena requiring him to attend court.
Our Tayla Regan appeared on the hearing at the Parramatta Local Court when the case proceeded to hearing before the Presiding Magistrate.
The prosecution relied on the evidence our client’s husband had given to police as to the assaults by way of a recorded statement on the day of the alleged assaults in addition to photographs depicting injuries the husband had on him.
The defence case was of self-defence, that her husband was the aggressor following an argument that had erupted between them.
The prosecution tried very hard to ultimately paint our client as jealous, and sought to argue that she attacked her husband due to suspicion of his infidelity.
Following fierce cross examination and compelling submissions by Tayla in court, a number of inconsistencies as to the prosecutions evidence was raised and highlighted to the Magistrate.
Ultimately, after a long day of Hearing in court, the magistrate agreed with our defence case.
After hearing the evidence, the Magistrate found our client ‘not guilty’ dismissing the assault charges and acquitting our client, putting an end to the case in our client’s favour.