Charges of Common Assault Withdrawn: A Victory by Barsha Defence Lawyers

In a significant win for our client, common assault (domestic violence related) charges were successfully withdrawn by the prosecution before the matter ever reached a defended hearing. The dedicated legal team at Barsha Defence Lawyers achieved this outstanding outcome by making detailed legal representations, compelling the prosecution to drop the charges and cease proceedings.

Our client, a professional man in his 40s residing in New South Wales, faced these serious allegations following an incident involving his wife, the complainant. Tensions had escalated one morning when he discovered she had changed her social media relationship status to ‘single’.

As the complainant attempted to leave with their children, a brief physical exchange occurred. It was alleged our client grabbed her wrist and pushed her backwards during an argument. Distressed, she contacted a friend who later became a prosecution witness, leading to police involvement, our client’s arrest, and the subsequent charges.

Strategic Defence by Barsha Defence Lawyers Leads to Charges Being Withdrawn

The team at Barsha Defence Lawyers meticulously reviewed the circumstances of the alleged offence, delving deep into the couple’s dynamic. Crucially, we uncovered a mutual agreement they had in place to manage interactions involving their children, stemming from the complainant’s history of trauma and postnatal depression.

The complainant herself had previously advised police that, due to her postnatal depression, she had a prior agreement with our client. This agreement stipulated that should she ever experience an episode that endangered herself or the children, our client had her consent “to do whatever was reasonably necessary” to resolve the situation. This vital piece of information was instrumental in our defence strategy.

Proving Lack of Consent and Lawful Excuse in NSW

For the prosecution to secure a conviction for common assault in NSW, they needed to prove:

• That our client applied force, touched, or struck the complainant.
• That this action was committed without consent.
• That it was committed without lawful excuse.

Our legal team at Barsha Defence Lawyers strategically argued to the prosecution, prior to the hearing, that:

• The complainant’s account, when viewed with full context, lacked the necessary elements to substantiate the crime.
• The pre-existing agreement between the parties provided crucial context for the altercation and demonstrated consent.
• Based on the evidence, the prosecution would be unable to prove the lack of consent for our client’s actions.
• Our client would successfully establish a lawful excuse defence for his actions.

A Positive Outcome Achieved by Barsha Defence Lawyers

After carefully reviewing our comprehensive representations and considering the compelling evidence, the prosecution made the decisive choice to withdraw the charge before the matter even reached a defended hearing.

This exceptional outcome, secured by Barsha Defence Lawyers, meant our client avoided the immense stress, significant legal costs, and potential reputational damage of a contested hearing. He was able to retain his good character and reputation, allowing him to move forward with his life without the shadow of a criminal record.

Facing domestic violence charges in NSW? Don’t leave your future to chance. Contact Barsha Defence Lawyers today for expert legal representation and to discuss how we can help achieve the best possible outcome for your case.