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Written by
Josh Taaffe
Criminal Defence Lawyer


Assaults / Violence Offences
A Case Study: Self Defence Acquittal
Date: 01/09/2009
7166

The Name of the Offence


Intentionally Cause Injury, Threats to Kill

Place of the event


Heidelberg

The court attended


Heidelberg Magistrates' Court
Acting Solicitor: Josh Taaffe

Facts of the Case


Our client V was charged with assault and injury charges allegedly against her ex-husband's recent widow. The widow claimed that V attended her apartment demanding property that had belonged to the ex husband and when it was not delivered became enraged and assaulted her. The widow claimed that she was holding her baby throughout the assault.

V's account was that the widow blamed her for the suicide of her ex husband and began accusing her of responsibility for his death before attacking her. V said that she punched the widow in self defence.

At a contested hearing in the Magistrates' Court, Josh cross examined the widow and a neighbour who saw part of the incident. He was able to expose the inconsistencies between the evidence given by the widow and the different account of events given in her three witness statements.

Most importantly the widow's claim that she had her baby with her at the relevant times and that she was acting calmly and pleading for V to stop her assault did not match the evidence elicited from the neighbour.

 

Results Achieved


V was acquitted of all charges.
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