The Queen v SW
SW was charged with common assault, assault occasioning actual bodily harm, stalk and intimidate, and contravening an Apprehended Violence Order contrary to the Crimes Act 1900. The offences occurred during two domestic incidents on two consecutive nights which police were called to attend.
In relation to the first incident, SW was accused of punching a family member, and was arrested and charged with common assault and issued with a provisional AVO. The very next night police were called to attend and SW was arrested and charged with further offences, following accusations by the same family member. SW was refused bail and remanded in custody to await Hearing of the charges.
Matthew Berrell appeared for SW in both matters. In relation to the first matter, Berrell successfully negotiated with the prosecution for the withdrawal of the charge on the basis that SW enter a final AVO in the mandatory terms. SW agreed and the matter was withdrawn and dismissed. Following the dismissal of this charge Berrell successfully argued for SW’s release from custody pending Hearing of the second set of charges.
In relation to the second set of charges against SW, Berrell identified a number of weaknesses in the prosecution case, which allowed him to successfully negotiate the withdrawal of each charge. In light of the same, the prosecution case was dismissed and SW maintained a clear criminal record.