Alan Phillips of our office was engaged to act for our client who was in custody at a correctional centre in South East Queensland.
It was alleged that the defendant took part in concealing CCTV cameras in the prison yard before proceeding to escort the complainant out into the yard where he was assaulted by another. The cameras were obscured, however the Crown alleged that our client was a party to, and ultimately the mastermind behind the alleged assault. There was one punch which rendered serious brain injury to the complainant.
Alan Phillips reviewed the brief and determined the medical evidence was insufficient to prove grievous bodily harm. A no case submission was made at committal. A charge of Assault Occasioning Bodily Harm was substituted.
The matter was listed for trial in the Ipswich District Court. Scott Neaves of Counsel was briefed, and through careful examination of the evidence against the defendant and submissions made to the Director of Public Prosecutions, the charge was discontinued on the eve of the commencement of the trial.
4 people were charged with the offending. The other 3 pleaded guilty. Only Alan Phillips' client had the charge discontinued against him.
Under the Queensland Criminal Code (1899) , any person who unlawfully does grievous bodily harm to another is liable to 14 years imprisonment.
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