Our client was charged with the offences of unlawful wounding, and fighting in public following a melee between his group of friends and another group at a market in Morley, during which, the victim was stabbed with a knife.
The prosecution alleged that our client was criminally responsible for the offence on the basis that the injury was a probable consequence of his joining in the fight. However, our client denied any knowledge that someone in his group was armed with a knife.
We advised our client to defend the charges and the matter was listed for a two-day trial in the Perth Magistrates Court. After reviewing CCTV footage and other disclosure material, we were confident that the prosecution case was weak and destined to fail. The prosecution delayed responding to our submission to discontinue the charges until a week before the trial was due to commence. On the day of the trial, the prosecution discontinued the charges against our client, and our client secured a full costs award.
