Intentionally choke, stalk/intimidate and AVO charges successfully defended and dismissed at Wollongong Court

Our 34-year-old client is a truck driver who was charged by police with a count of intentionally choke, another count of stalk/intimidate, and a breach of AVO offence. After about two years in a relationship with his partner the alleged victim, they broke up when she complained to police that our client had abused her by throwing her to the ground, choking her throat.

After making these allegations about our client to police, the police took out an AVO against our client. That AVO prevented contact and prevented him from going near where she lives.

Police later alleged that our client then breached his AVO by driving past her home during the AVO.

He called our CDLA legal hotline and was immediately put through to our specialise criminal defence lawyer Ahmad Faraj who specialises in DV assault type hearings. Ahmad found lots of issues in the prosecution evidence, which strengthened the defence case due to the way the defence was being carefully prepared by Ahmad.

All charges were fiercely defended on a ‘not guilty’ plea at the Wollongong Local Court.

On the day of hearing, and after extensive preparation and planning for the hearing date by Ahmad, the prosecution declined to withdraw the charges after negotiation attempts by our team.

As the hearing commenced in court, Ahmad vigorously cross examined the alleged victim as to every single piece of inconsistency found from Ahmad’s careful review of the police evidence,

Some of the inconsistencies included the long delay in her complaint to police and timing coinciding with the time of the break up of the relationship, inadequate investigation conducted by police who should have timestamped photos they relied on but failed to, the police officer’s evidence in the witness box and his inconsistencies were raised as to photos and their timestamps.

The defence case was run on the basis that the alleged victim had a motive to not be completely honest in order to cause harm to our client due to him breaking up with her.

After clearly pointing out significant inconsistencies and issues in the police evidence during cross examination and closing submissions by our Ahmad, the Court ultimately found our client not guilty and dismissed all of the charges, including the AVO.

Our client was free to leave without any further stresses of court proceedings and charges looming over his head.

It is not uncommon for alleged victims to make unfounded or fake complaints to police out of spite or revenge against an accused person. It does occur, and it is important to be able to get legal advice as early as possible and before deciding whether to speak to police.



  What Our Clients Say

Alex from CDLA performed a wonderful job. very professional, well prepared, and exceptional personality who got me the result I was hoping for being a section 10 non conviction with… (read full review) By P.S. from Sydney on 22/12/2021
I had a great experience with senior lawyer Kate Miller of CDLA. She manage my case in a professional and efficient manner and the result was great! It ensured there… (read full review) By N.W. from Sydney on 22/12/2021
Tayla Regan represented me in a serious criminal allegation and the result of the hearing couldn't have been better! Tayla kept me informed throughout the entire process on the strategy… (read full review) By S.V. from Sydney on 23/12/2021
I called the CDLA team. Their knowledge of the law is unparalleled. Every interaction I had with them was not just knowledgeable, but empathetic and non-judgmental. Their senior lawyer Kate… (read full review) By K.D.S from Sydney on 10/12/2021
Thank you Kate for the excellent job you did managing and representing my case. Kate not just helped me get the best outcome, she also kept me up to date,… (read full review) By Z.W. from Sydney on 02/12/2021

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