Case: Passive Person Charged with Assault.
After a night out with his mate, our client found himself in a strange situation. An altercation occurred between our client’s friend and his Uber driver, due to an argument about making a stop at McDonalds. Our client made attempts to diffuse the situation by restraining both parties in an attempt to break up the fight. The Uber driver chased our client and his friend with a rock and our client was later charged with assault related offences.
Charges/ Ch1 (Reckless Cause Injury); Ch2 (Unlawful Assault); Ch3 (Unlawful Assault by Kicking)
Result/ Withdrawal of all charges
We negotiated with Prosecutions over several months for a withdrawal of charges. The Prosecution initially refused to withdraw the charges because they believed they could obtain evidence from a third-party witness who observed the altercation. We had costs reserved after a Contest Mention, as the Prosecution wanted to obtain the witness statement. The Prosecution later offered to withdraw all charges without seeking costs, as they were unable to obtain the witness statement.
