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  • Phillips Lawyers

Not Guilty for Assault Occasioning Bodily Harm and Domestic Violence Breach

Alan Phillips of our office instructed Tracy Thorp of Counsel before the Beenleigh Magistrates Court for a summary trial. Our client was found not guilty of Assault Occasioning Bodily Harm, and a further count of breaching a domestic violence order following a one day hearing before a Magistrate.

The complaint arose when our client's ex-girlfriend alleged he had choked her and assaulted her. There were pictures of injuries to her which were alleged to have been caused by our client. There were also injuries documented by a Doctor following the complainant's prompt admission to hospital.

Our office followed our client's instructions and obtained copies of previous Court transcripts where the complainant had said in Court that the allegations were false. At the trial, she changed her version and said she was forced into withdrawing the allegations by our client.

Following a thorough cross-examination of the complainant and other witnesses, it became apparent that the complainant was an unreliable witness. On the other hand, our client gave consistent versions to police in records of interview. Pictures of our client were also tendered showing extensive injuries to caused to him by the complainant.

The Magistrate preferred our client's versions in the interviews, and did not find that the complainant's evidence was sufficiently reliable to prove beyond a reasonable doubt that our client assaulted her and caused bodily harm. Our client was acquitted of both charges.

Domestic violence allegations are very topical and the Courts are understandably going down hard on offenders who are found guilty of committing domestic violence. Our client was facing actual jail if he was convicted.

Contact Alan Phillips immediately on 0403 846 238 if you are facing allegations of domestic violence charges.

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