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Strangulation & punch with a charge of common assault dismissed

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Common Assault (Domestic Violence related) matter dismissed

Our Solicitor, Nicholas Hardy-Clements, represented a 68-year-old man at Wyong Local Court in relation to one charge:

  • Common Assault (Domestic Violence Related), pursuant to the Crimes Act 1900, s61.

The case involved an argument between our client and his wife. Our client proceeded to begin strangling his wife and allegedly punched the victim in the face. Although the punching allegation was proven to be false, our client had openly admitted to strangling his wife in an interview with the police, proving a great challenge for our solicitor Nicholas Hardy-Clements to overcome.

Submissions

In accordance with the clients’ instructions, Mr Hardy-Clements tendered a Forensic Psychologist Report along with additional medical material on the client’s behalf, including Character References. The Magistrate then heard oral submissions made by the Police Prosecutor and considered Mr Hardy-Clements’ written submissions.

Outcome Achieved – Non-conviction

The magistrate dismissed the charge under section 14(1)(a) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, on the basis that the defendant is discharged into the care of a responsible person.

This was a great result for both our client and our firm.

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