The Queen v VB
The facts in this matter involved VB exiting a hotel that he had been drinking at for a number of hours, and approaching two men he mistakenly identified as persons he had been arguing with earlier in the evening. VB attempted to push one of the men, who responded by punching him across the face. VB fell to the ground, at which point both men kicked him in the head, causing significant injuries.
A number of days later VB attended Redfern Police Station, as he had decided to make a statement regarding the altercation. Instead he was informed he was now a suspect in the matter, and was subsequently charged with the offence of 'affray'.
A charge of 'affray' refers to a person using or threatening unlawful violence towards another, whose conduct would cause a person of reasonable firmness present as the scene 'to fear for their personal safety'. It was on this point that a defense was raised.
The case came before the Downing Centre Local Court, and the presiding magistrate accepted submissions that the actions of VB could not have caused a reasonable person to fear for their personal safety. He was found not guilty, and had his charge dismissed.