Quick Facts
Our client was charged with:
- intentionally causing injury against his former de facto partner and mother-in-law, contrary to section 16 of the Crimes Act 1958 (Vic)
Maximum sentence:
- 10 years imprisonment
Outcome:
- not guilty on all charges
- Victoria Police ordered to pay legal costs
Case Background
Our client had been in a long-term relationship with his former de facto partner. The charges arose from an alleged physical altercation involving our client, his former partner and her mother.
Although the relationship had experienced difficulties before, neither woman had previously reported any incident to police. Our client instructed that his former partner and mother-in-law often pressured him for money and demanded that he buy them a house. However, he was never in a financial position to do so.
Our client had no prior criminal record. If the court had found him guilty, he likely would have faced a term of imprisonment.
Contested Hearing
At the hearing, our client’s former de facto partner and mother-in-law gave evidence that appeared closely aligned. As a result, their accounts created the impression that they had discussed the incident beforehand.
However, the neighbour was the only independent witness. The neighbour gave evidence that conflicted with the evidence of both complainants. Because of that conflict, the prosecutor tried to cross-examine the neighbour. We objected, and the Magistrate upheld our objection.
In the end, the Magistrate accepted the neighbour as a truthful witness. The Magistrate also found that the former partner and mother-in-law were unreliable witnesses.
As a result, we cast sufficient doubt on the prosecution case. Our client was found not guilty of all charges.
Why This Was a Favourable Outcome
This was a strong result for our client. He avoided a criminal conviction, a possible term of imprisonment, and the stress of ongoing proceedings. In addition, the court ordered Victoria Police to pay legal costs, so our client was not left out of pocket in defending the matter.
If you have any questions about family violence cases, please contact us for assistance.
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.
