SUCCESS STORY

Victoria

Melbourne Magistrates’ Court – Assault Charges Withdrawn Following Strategic Negotiations

A 29-year-old man came to EAS Legal facing charges of Recklessly Cause Injury and Common Assault after an alleged altercation outside a CBD venue in Melbourne. The prosecution claimed he started the confrontation and caused facial injuries to the complainant, and their brief included body-worn camera footage, CCTV and multiple witness statements. A conviction would have meant a criminal record and serious consequences for his employment and future career.EAS Legal identified inconsistencies between the witness accounts and the CCTV, then prepared detailed written representations setting out the weaknesses in the prosecution case including problems with identification, witness reliability and a viable self-defence argument. After extensive negotiations, the prosecution reviewed the matter and accepted there was no longer a reasonable prospect of conviction. All charges were withdrawn without a contested hearing, and the client avoided a criminal record and kept his employment uninterrupted.

Assault withdrawn | EAS Legal
  • Assault Charge

Case Overview

Melbourne Magistrates Court 

Charge: Assault

Client: 29-year-old male

A 29-year-old male engaged EAS Legal after being charged with Recklessly Cause Injury and Common Assault arising from an alleged altercation outside a licensed venue in Melbourne’s CBD.

The prosecution alleged that our client had initiated the confrontation, causing the complainant to suffer facial injuries requiring medical treatment. Body-worn camera footage, CCTV footage and several witness statements formed part of the prosecution brief. If convicted, our client faced the prospect of a criminal record, significant employment consequences and the potential loss of future career opportunities.

From the outset, we identified inconsistencies between the witness statements and the available CCTV footage. We carefully analysed the evidence and prepared detailed written representations highlighting deficiencies in the prosecution case, including issues surrounding identification, reliability of witnesses and the availability of self-defence.

Following extensive negotiations with the prosecution, the matter was reviewed and the prosecution agreed that there was no longer a reasonable prospect of conviction.

All criminal charges were withdrawn, bringing the matter to an end without the need for a contested hearing. Our client avoided a criminal record and was able to continue his employment without interruption.

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