Family Violence Contest Hearing

Case
Family Violence Contest Hearing – Not Guilty

Quick Facts

Our client was charged with Intentionally Causing Injury against his former de-facto partner and mother-in-law, pursuant to section 16 of the Victorian Crimes Act 1958

Maximum Sentence

Maximum penalty is 10 years imprisonment

What the Client received:

  • After contesting the charges, our client was found not guilty
  • As a result, the court ordered Victoria Police to pay all legal costs which meant our client was not out of pocket in defending the charges.

Case Background

Our client was in a long-term relationship with the de-facto partner. The charge arose out of an incident where there were allegations of a physical altercation between our client, the de-facto partner and the mother-in-law. Though there have been issues in the relationship previously, this was the first time it has been reported to the Police. Our client’s de-facto partner and mother-in-law would regularly seek finances from our client and state he had to buy a house for them, however, our client was never in a financial position to do this.

Our client did not have a criminal record, but if the charges were proven against our client, it would have likely resulted in him being sentenced to a term of imprisonment

Contested Hearing

In this case, our client’s de-facto partner and mother-in-law gave consistent evidence which gave the appearance that they colluded. The neighbour who is the only independent witness to the incident, presented evidence which disputed what the de-facto partner and the mother-in-law had testified to in court. Due to the conflicting evidence, the Prosecutor attempted to cross examine the neighbour. We objected to the cross examination, and the Magistrate ruled in our favour.

In the end, the Magistrate found that the neighbour was a witness of truth and subsequently determined that the de-facto partner and the mother-in-law were unreliable witnesses.

We were able to cast sufficient doubt over both complainant’s credibility and our client was found not guilty of all charges.

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Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquires relating to the above subject matter, please contact us for an obligation free, face to face consultation.

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