EAS Legal recently represented a man at the Wyndham Magistrates’ Court who was facing a number of serious assault-related criminal charges.
Given the nature of the allegations, our client was facing the prospect of significant criminal penalties and the potential consequences of a conviction.
Upon being engaged, our Criminal Law team undertook a detailed review of the prosecution case, including the circumstances surrounding the charges and the legal basis upon which the prosecution was being pursued.
During that review, our lawyers identified a technical legal deficiency in the prosecution case which had the potential to fundamentally affect whether the charges could properly proceed.
Rather than allowing the matter to simply progress through the Court system, our team raised the issue with Victoria Police and advanced arguments as to why the prosecution could not continue in its existing form.
Following those arguments, Victoria Police withdrew the entire prosecution.
As a result, all charges against our client were withdrawn, bringing the criminal proceedings to an end without the need for our client to enter a plea or proceed to a contested hearing.
For our client, the outcome meant that serious assault allegations which could otherwise have had significant personal and legal consequences were brought to an end in full.
This matter demonstrates why a criminal case should never be approached solely by looking at the allegations themselves. The prosecution must also satisfy the legal and procedural requirements necessary for charges to be properly maintained.
Careful scrutiny of those issues by an experienced criminal defence lawyer can sometimes fundamentally change the course of a case.
