Domestic Violence – Assault occasioning actual bodily harm – Not Guilty

Our client was charged with two domestic violence offences involving common assault and assault occasioning actual bodily harm, allegedly committed against her partner. She maintained a plea of not guilty throughout the proceedings. Although she had no prior criminal history, the consequences of a conviction on both counts were significant.

The prosecution case relied heavily on the complainant’s recorded police statement, provided via a Domestic Violence Evidence in Chief (DVEC) interview, and photographs of what appeared to be scratches on his forearms. However, once the matter proceeded to hearing, the integrity of the prosecution’s evidence came under considerable strain.

During cross-examination, it emerged that the complainant had himself been the subject of prior AVO proceedings, a fact not disclosed earlier. When questioned, he admitted that he feared being accused of assault and arrested, and claimed he was acting pre-emptively when he contacted police. He also conceded that the scratches on his arms may have been sustained in the course of his employment, rather than during the alleged incident.

Further inconsistencies were exposed between his DVEC statement, the triple-zero call he made on the night, and his evidence before the court. Taken together, these issues raised serious doubts about the reliability of the prosecution’s case.

Ultimately, the court was not satisfied that the allegations could be proven beyond reasonable doubt.

Our client was found not guilty of both charges.