FACTS:
Our client faced charges of Unlawful Assault contrary to section 23 of the Summary Offences Act and False Imprisonment under the common law.
Police alleged that our client pushed his ex-partner into a room within her property. They also alleged that he prevented her from leaving until she complied with him.
Our client produced an audio recording of the interaction. The recording was significantly inconsistent with the complainant’s version of events and raised serious questions about her credibility.
We provided the recording to police and requested that they withdraw all charges. Police initially refused and indicated that the matter would need to proceed to a Contest Mention.
A Contest Mention is a preliminary stage in defending criminal charges. During the hearing, the prosecution and defence identify the issues in dispute before a Magistrate. The Magistrate may then list the matter for a Contested Hearing.
At a Contested Hearing, the Magistrate hears the evidence and determines whether the accused is guilty or not guilty. Witnesses may give evidence and the defence has an opportunity to cross-examine them.
Charges Withdrawn
Following further defence negotiations, police conducted additional investigations and re-interviewed the complainant. She provided a third statement, which raised further questions about her credibility.
The prosecution subsequently agreed to withdraw all charges against our client.
This was a favourable result for our client. He did not have to proceed to a Contested Hearing and avoided the risk of a finding of guilt.
Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquiries relating to the above subject matter, please contact us for an obligation free, face to face consultation.
