Our client is a 38-year-old man from Rosehill NSW who is married with two dependants. He is full-time employed in an information technology role which conducts background criminal record checks every year.
He was until recently living with his wife and two sons, aged 10 and 13.
The family relocated from India around 3 years ago.
Police charged our client with assault occasioning actual bodily harm (https://www.criminaldefencelawyers.com.au/criminal-law/offences/assault/assault-occasioning-actual-bodily-harm/) (section 59 of the Crimes Act), intentionally choke (section 37 of the Crimes Act) and an intimidation charge (section 13 of the Crimes (Domestic and Personal Violence) Act.
Following a two-day defended hearing at the Parramatta Local Court, while he was represented by our team of experienced criminal defence lawyers (https://www.criminaldefencelawyers.com.au/about-us/lawyers/), his charges were dismissed after being found not guilty.
Around mid-September 2018, an argument broke out early morning between our client and his wife over the fact that his wife emptied the toothpaste in to the toilet.
During this argument, a physical altercation broke out, where our client was scratched by his wife.
Our client sought to calm the wife down, which she did eventually.
The wife then left the house and stayed overnight with a friend.
The following day, our client filed a complaint with police, that he was assaulted by his wife which caused scratches to his body-these scratches were visible to police.
While police attended his home, they obtained a Domestic Violence Evidence in Chief Video statement from him (DVEC). At that time, there were others present who were potential witnesses to the incident in question, yet they were not approached by police for statements.
Around the same time, his wife attended a different police station where she filed a complaint against our client for assaulting her. Police took photos of her injuries.
After becoming aware of his wife having also filed a complaint of assault, the same police officer who had already interviewed our client then decides to charge our client for these assault charges.
Our client was arrested and released on bail conditions.
An AVO was made by police against our client to protect his wife in these unusual circumstances.
Our client was then subject to very strict bail conditions prohibiting him from going to his home.
This caused significant stress and difficulty in his life as he had to find to live somewhere else in circumstances his mother and two sons resided in the family home.
He attended our Parramatta office for advice and guidance.
Upon looking into his case, we discovered significant inconsistencies and problems in the police’s evidence.
The charges were rigorously defended by our team of lawyers.
He was guided and assisted by our senior criminal defence lawyer, Mr Khan. Mr. Khan prepared a solid case in preparation to his defended hearing in court, which included multiple consultations and attempts to even try to get the charges dropped early through negotiations with police.
Over the 2-day defended hearing in court, numerous witnesses were called to give evidence and some complex legal arguments were made.
His wife also gave evidence, which due to the extensive cross-examination by Mr. Khan revealed the extent of her lies to police with a motivation to ruin our clients career.
Following the close of the prosecution and defence case, compelling closing submissions assisted in securing a not guilty verdict for our client.
Our client was very ecstatic that he has avoided a criminal record and his name was cleared from the exceptional result. He was able to continue to keep his good community reputation and career without the burden of a conviction against his name.
Most of all, he was able to return back to his family home and be re-united with his mother and two sons.