Our client was charged with assault occasioning bodily harm following an altercation at an engagement party. After observing some flirtatious behaviour by his date, it was alleged our client punched the complainant once to the face whilst he was drinking from a martini glass. The impact of the punch was said to cause the martini glass to hit the complainant in the mouth resulting in a chipped tooth and superficial cuts to the hand.
We undertook meticulous investigative work reviewing the CCTV footage of the alleged incident and we were able to determine that the complainant was not drinking from the martini glass at the time of the assault. We also discovered that the complainant had recently been to the dentist and the injuries to the mouth were pre-existing.
After curating a submission to the Police addressing the deficiencies in their case, we were able to secure a downgraded charge of common assault. Our client entered a plea of guilty to this charge and was sentenced to a $1,200.00 fine and a spent conviction order. This was an excellent outcome for our client and his primary goal from the outset.
