Recklessly Cause Injury / Withdrawn

Case: Charges withdrawn Incident with Ex Father-In-Law.

Our client was in a relationship with girl from a different ethnic community. Her father did not like the relationship and forbid her from seeing our client. He would also send abusive text messages to our client’s mother. An incident occurred where the father asked our client over to their house. His mum gave him a lift in her car and waited outside. An incident occurred where the father alleges our client punched him in the shoulder causing a fracture, however our client’s mother heard the commotion and saw the father wrestling her son on the floor pulling his hair. Our client attended the police station and they charged him rather than the father.

Charges/ Ch1 (Recklessly Cause Injury); Ch2 (Unlawful Assault); Ch3 (Common Law Assault)

Result/ All charges withdrawn

Our lawyer argued that the punch to the shoulder (which was denied) could not have caused the injury alleged. We obtained the threatening text messages from our client’s mother, as well as a defence witness statement from her as to what she saw. The prosecutor offered to withdraw the charges. This case is an example of the disturbing way police conduct themselves in charging victims of an assault as the perpetrator and allowing perpetrators to go unpunished. 

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