Charges withdrawn against man alleged to have dunked his partner under water in a serious family violence incident. Victoria Police ordered to pay legal costs.

Our solicitor Mr Elbob made an appearance on behalf of a male in his mid-forties at the Geelong Magistrates Court.  The Accused was charged with four charges in relation to his wife which constituted of recklessly engaging in conduct that placed a person in danger of death, common law assault, intentionally causing injury and recklessly causing injury.

The case involved an incident, whereby it was alleged that our client dunked his wife under water and held her underwater on three separate occasions for more than 10 seconds. 

Upon considering the brief of evidence and our clients instructions, Mr Elbob engaged in a summary case conference with the Prosecution and raised an argument of self defence. In his representations to the Prosecution, Mr Elbob submitted that section 322M(1) Crimes Act 1958 provides that, for the purposes of an offence in circumstances where self-defence in the context of family violence is alleged, a person may believe that their conduct is necessary, and their conduct may be a reasonable response in the circumstances, even if:

1. They are responding to a harm that is not immediate; or
2. Their response involves the use of force in excess of the force involved in the harm or threatened harm.

Following the conference, the Prosecution agreed to withdraw the charges of recklessly engaging in conduct that placed a person in danger of death, common law assault, intentionally causing injury and recklessly causing injury.

This result was achieved by preparing the case thoroughly. Mr Elbob paid careful attention to our clients version of events and identified that his wife was under the influence of alcohol and this ultimately led to the summary of alleged facts being heavily amended in the favour of our client Mr Elbob paid careful attention to our client’s personal circumstances and collected evidence in support of our case that he was an otherwise good person.

This case illustrates the importance of quality representation and the value of a solicitor like Adam Elbob who is dedicated to his clients and will work hard to ensure their case is prepared and presented in a way that ensures the Court gives full effect to every factor in a client’s favour and achieving the best outcome possible.