In this long-running case, the firm acted for a client originally charged with multiple serious domestic violence offences including aggravated strangulation. The allegations related to historical offending and coincided with a breakdown in the client’s relationship with the complainant. Further, the allegations were made at a time when the complainant needed a visa in order to remain in Australia permanently.

We presented a plea offer submission, offering a guilty plea to a single offence of common assault on the basis the assault was done in self-defence, albeit with excessive force. The prosecution rejected the plea offer. Following the rejection we listed the matter for trial which was many months away.

In the intervening period, unfortunately the client was charged with a further offence of indecent assault. We secured bail for the client and prepared to deal with both sets of charges.

Our preparations for the trial for the domestic violence allegations were extensive. We issued numerous subpoenas including to the immigration department. By doing this, we obtained critical documentary evidence which established a clear motive to lie on the part of the complainant. We also engaged in considerable preparations with the client, ultimately preparing for the client to testify at trial.

On the morning of the trial, the complainant failed to attend court and would not respond to police attempts to contact them. The prosecution then discontinued all of the domestic violence allegations against the client. We obtained a considerable costs award for the client, which would cover all of their legal fees incurred in the preparations for the trial.

Following this, we successfully negotiated the indecent assault down to a common assault. We entered a guilty plea on behalf of the client. Following a detailed plea in mitigation, we successfully secured a spent conviction for the client.

This matter ultimately ended very well for the client, who was facing the risk of jail time at the start of the matter, and by the conclusion of it could move on without any lasting consequences for their life. The client was very happy with the outcomes in both matters.