Not guilty of Suffocation and Assault Occasioning Bodily Harm

Alan Phillips of our office instructed Scott Lynch of Counsel on behalf of our client who faced trial in the Maroochydore District Court.

He was alleged to have offended against his ex-partner while armed with a knife. He was alleged to have suffocated her and punched her repeatedly.

After a thorough review of the brief of evidence, a committal hearing was conducted in the Magistrates Court prior to the matter proceeding on indictment. Expert witnesses were briefed for the defence including an IT expert, a forensic pathologist and a memory expert. Pre-trial arguments were held in respect of the admissibility of evidence sought to be led by the Crown.

Proper preparation identified significant inconsistencies with the complainant and other witnesses' accounts, and the medical evidence available. Cross examination of the witnesses at trial led the jury to have a reasonable doubt about the allegations, and our client was acquitted after only 1 hour of deliberations.

He faced a sentence of many years of imprisonment if convicted.