Our client, who holds a high employment role in Security, faced a charge of Apprehended Domestic Violence Order (https://www.criminaldefencelawyers.com.au/criminal-law/offences/apprehended-violence-order/) after a family gathering turned physically aggressive.
In March this year, our client and his wife held a gathering at his home, where approximately 8-10 of his wife’s family members attended. The gathering was planned in order to discuss the care of our his elderly mother in law, whom he was taking full time care of at the time.
During the gathering at home, an altercation occurred between our client and his brother in law. The argument turned physical very quickly with punches thrown by both sides.
The police investigation resulted in our client being charged with assault against his brother in law who was considered the alleged victim.
The fight left the brother in law with a split lip which was the result of a punch thrown by our client during the altercation.
In retaliation, the brother in law then king hit our client, which knocked him down unconscious.
An AVO was also placed against our client in an attempt by police to protect the brother in law.
Our team of Sydney criminal defence lawyers (https://www.criminaldefencelawyers.com.au/) discovered many issues in the police’s evidence.
Our Criminal lawyer Tayla Regan appeared in the hearing at the Mt Druitt Local Court (https://www.criminaldefencelawyers.com.au/about-us/courts-we-attend/mount-druitt-local-court/) when after extensive cross examination of the police witnesses and police officers, it was revealed that the brother in law was the initial aggressor who threw the first punch towards our client. In self-defence our client threw a single punch in response, which connected.
Our client was extremely stressed because if a finding of guilt were to be made against him, he would not be able to continue his work in security.
At the time, he was caring for his elderly mother, disabled brother and his wife was pregnant with his first child. The stress of a criminal charge would have had a huge impact on our client.
At the end of the prosecution case, Tayla called evidence from our client and another witness present at the family gathering. Self defence was raised and our client was able to tell the court his version of what happened.
The court eventually found our client ‘not guilty’ to the charge due to self-defence which was successfully argued in court (https://www.criminaldefencelawyers.com.au/blog/the-law-on-self-defence/).
Thanks to Tayla Regan’s preparation, thorough cross examination of the prosecution witnesses and compelling submissions in court, our client was able to remain conviction free and move on with his life.
As a result, the AVO was also dismissed.