In May 2021, our client was enjoying a Friday night out with his girlfriend at a popular Perth venue, an evening which turned sour after he was arrested and charged with assault occasioning bodily harm.
Police alleged that “without warning” our client had punched the otherwise “pleasant and jovial” male complainant several times to the head causing a broken nose and bruising to the face. What the police statement of material facts failed to mention and which the CCTV was able to support, was that the extremely intoxicated complainant, had been making inappropriate and provocative gestures and comments towards our client and his girlfriend throughout the evening. While our client initially let the commentary slide the first few times, he saw red and snapped when the complainant told our client he was going to “rape” his girlfriend. Suffice to say, the complainant’s face ended up on the other side of a physical reaction.
We advised our client to defend the charge at trial. After hearing testimony from the complainant, our client and eyewitnesses and reviewing the CCTV footage, the Magistrate agreed with the defence case that our client had been provoked to assault the complainant and accordingly, was not criminally responsible for his actions. Our client was acquitted of the charge and awarded his legal costs in successfully defending the matter.