Our client was charged with assaulting his work colleague in their place of work in view of multiple staff members. Our client followed our advice and declined to participate in an interview with police. The police conducted a very basic investigation and charged our client with assault occasioning bodily harm. As part of our defence preparation for trial we summonsed our client’s employer to produce all records relevant to the incident and identified numerous witnesses who the police did not bother to speak with. Some of the witnesses corroborated our client’s version of the lead up to the incident which supported a defence of self-defence.
Our client, who had no criminal record, was advised by police that he would receive a spent conviction order if he pleaded guilty. We strongly advised against pleading guilty, given the weakness of the prosecution case and the adverse consequences for our client if he was convicted. On the day of trial, the prosecutor reviewed the material we summonsed from our client’s employer and it was apparent that the complainant had not been completely forthcoming about why he was assaulted. After initially attempting to withdraw the charge the prosecutor was persuaded to offer no evidence which resulted in outcome our client wanted, namely an outright acquittal with no prospect of the charge being brought back. Our client also received a costs order which covered most of his legal fees.
