Case: Serious Charges Withdrawn On Questionable Motivations of Ex-partner
Our client was in a long term relationship which had ended. His ex-partner sought an IVO against him to gain advantage over him not laying claim for part of a property that was in the ex-partner’s name for which our client had been contributing payments too in cash. The ex-partner claimed our client was stalking her with a tracker that was found in her vehicle and made a threat to burn the property down. Police searched the house to serve the IVO on our client and found an air rifle, imitation firearm, small amount of cannabis in the garage.
Charges/ Ch1 (Stalking); Ch2 (Possess longarm rifle); Ch3 (Possess imitation firearm); Ch4 (Make threat to destroy property); Ch5 (Fail to securely store firearm); Ch6 (Posses drug of dependence)
Result/ Ch1 to 5 withdrawn: Diversion granted on Ch6, 3 months good behaviour and donation
Our lawyer produced footage of the ex-partner’s children playing with the imitation firearm and presented evidence that none of the weapon’s were not our clients. We also stated that the ex-partner had admitted in her statement that she had stalked our client for 4 years, as the tracker was given to him as a present, and she provided screenshots of the tracker on her own phone to justify to police she was being stalked. We argued that the credibility of the ex-partner is a central issue which led to a withdrawal of the most serious charges. The cannabis was found in a common area and while our client instructed that it was his ex-partner’s, he agreed to resolve on a Diversion to put the matter behind him.
