Downgrading Assault charge to that of fighting in a public place
This is a case that involves the downgrading of a charge of assault to that of fighting in a public place.
Our client was charged with a road rage incident whereby it is alleged that he assaulted a traffic controller for a dispute on the side of the road where roadworks were in progress.
The victim and a witness provided detailed statements to the police regarding the actions of our client.
Ultimately, minor discrepancies between the victim and the witness versions lead to the conclusion that in fact the victim has been the initial aggressor in the incident. It was accepted that our client had merely sworn in an audible manner and was involved in some pushing and shoving amounting to fighting a public place. The charge was downgraded to fight in a public place and the assault withdrawn.
The matter was deal with on a without conviction and a fine of $400.00.