SUCCESS STORY

New South Wales

Belmont Local Court – All Serious Charges Withdrawn and Dismissed

Our client facing extremely serious charges including choking, serious assault, stalking, and intimidation had all charges completely withdrawn and dismissed at Belmont Local Court after we exposed false allegations and a fundamentally flawed police investigation. Through documenting procedural failures, illegally obtained confessions during intoxicated interviews, and raising self-defence, we secured complete vindication with costs considerations against police for malicious prosecution.

  • Assault Charge
  • |
  • Intimidation
  • |
  • Property Damage Offence
  • |
  • Stalking

Case Overview

Charge: Assault Charges, Stalking, Choking, Intimidation & Property Damge

Client: Anonymous Client

Court Location: Belmont Local Court

At Elbob & Stephenson Legal, we recently represented a client at the Belmont Local Court who was facing an array of very serious criminal charges, including:

  • Serious Assault
  • Property Damage
  • Intimidation
  • Stalking
  • Choking

Had the matter proceeded, our client was staring down the real prospect of a substantial prison sentence.

From the outset, we identified significant problems with the prosecution’s case:

  • The allegations were false and fabricated
  • Police had conducted an inadequate investigation, failing to explore key evidence
  • Our client had been interviewed under duress and while intoxicated
  • False evidence was put to him during the interview, with illegally adduced confessions relied upon
  • Critical issues about the complainant’s mental health were left unexamined

We raised self-defence and carefully documented the procedural flaws in the investigation. A formal offer was then put to the prosecution: either withdraw the charges, or face an application for all legal costs and potential malicious prosecution proceedings.

The prosecution ultimately conceded. The result was:

  • All charges withdrawn and dismissed in full
  • No conviction, no penalty, and no finding of guilt
  • Our client walked away with his freedom intact

A costs order against police remained a live consideration, highlighting the strength of our position and the seriousness of the failures in the police investigation.

Charges involving serious assault, choking, and stalking are often prosecuted aggressively and carry the potential for lengthy custodial terms. To have such charges entirely withdrawn and dismissed is a rare and exceptional outcome. It demonstrates the importance of experienced defence lawyers who can identify weaknesses in a prosecution case, challenge improper police conduct, and negotiate firmly to protect their client’s rights.

Charged with Serious Offences in New South Wales?

If you or someone you know is facing serious assault, family violence, or false allegations, contact the team at Elbob & Stephenson Legal. We fight hard to protect our clients from wrongful prosecutions and unfair outcomes.

Facing Similar Charges?

Don’t let a criminal charge destroy your future. Our experienced team has the expertise and track record to fight for the best possible outcome in your case.

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