Our Result - Case Study - Withdrawing a Charge of Causing Serious Harm written by Casey Isaacs

Reference: 1600645

Charge

Circumstances

This is a case which involves the withdrawal of a charge of cause serious harm intending to cause such harm.

Our client was previously in a relationship with the complainant and was charged with causing serious harm as a result of stabbing him, whilst attending at his premises at Birdwood while trying to collect her belongings.

The DPP provided evidence in the form of a Victim Statement and witness statements to indicate that our client had attended at the premises unannounced and simply stabbed the victim without any provocation.

Forensic evidence was obtained which clearly showed the DNA of the complainant on the handle along with our client’s DNA.

Additionally, it was demonstrated that there were in fact two knives that were located in the vicinity of where the incident took place, both of which contained the alleged victim’s DNA.

Text messages from the complainant’s phone was requested which showed aggressive messages from the alleged victim to our client. Further, it confirmation that our client had contacted the alleged victim for the purpose of attending the premises for collecting her belongings prior to the incident thus validating her story.

Consequently, even though our client admitted to being present and utilising the knife in the incident we were clearly able to be established due to the other knife being present and the background text messages, that our client was acting in self-defence and the charges were ultimately withdrawn.

This was obviously an excellent result for the client and assisted her with Family Court proceedings regarding the custody of her child.

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