Case: no Memory of assault after Psychotic break.
Our client had consumed drugs and had unresolved mental health issues. He allegedly assaulted the complainant who claimed he lost a tooth from the assault. Client was picked up by police in a nearby pub an hour later but could not recall the incident.
Charges/ Ch1 (intentionally cause injury); Ch 2 (reckless cause injury); Ch 3 (unlawful assault)
Result/ All charges withdrawn
Our lawyer raised issues of identity in that the complaint did not identify our client in a line up; as well as that the complainant’s statement had been drafted by a Vietnamese interpreter, however there was no statement by the interpreter that he had done so. Accordingly our lawyer argued that there is no valid complaint. Police agreed to withdraw because the complainant had decided he did not want to make a further statement.