EAS Legal recently represented a client at the Downing Centre Local Court in Sydney who was facing assault-related criminal charges.
From the outset, our client disputed the allegations and was concerned about the consequences that a criminal conviction could have on their personal and professional future.
Our Criminal Law team carefully reviewed the prosecution case and the evidence said to support the allegations. Following that review, we identified significant evidentiary deficiencies which, in our view, raised serious questions about the prosecution’s ability to prove the charges.
Rather than simply allowing the matter to proceed towards a defended hearing, our lawyers took a proactive approach.
We prepared and advanced detailed submissions to the prosecution, identifying the weaknesses in the available evidence and setting out why the charges should not continue.
Following consideration of those submissions, the prosecution ultimately withdrew the assault charges against our client.
As a result, the criminal proceedings came to an end without our client being required to proceed to a defended hearing and without any finding of guilt being made against them.
For our client, this was a significant outcome that brought an end to the uncertainty and stress associated with facing criminal proceedings.
The result also demonstrates the importance of carefully scrutinising the evidence in every criminal matter. Being charged with an offence does not mean that the prosecution can necessarily prove it. Where the evidence does not properly support the allegations, early and persuasive representations can sometimes bring proceedings to an end without the need for a trial.
