How We Secured No Conviction for an Alleged Historical Domestic Assault

When facing a domestic violence allegation, especially one reported years after the alleged incident, the emotional and legal stakes are high. Such charges can affect your reputation, family relationships and future. This recent case at Penrith Local Court shows how National Criminal Lawyers® achieved a no conviction outcome for our client, despite an allegation of assault occasioning actual bodily harm.

If you have been searching for an AVO lawyer near me, an assault lawyer in Sydney, or a domestic violence defence lawyer, this case demonstrates why our firm is trusted to handle complex and sensitive matters, especially those in the domestic environment.

This case study will analyse how our skilful letter of representations picked apart an ostensibly solid case and led to the best possible outcome.

The Allegations

The complainant and accused had been in a relationship that ended in late 2021. They shared two children and, at the time of the alleged incident, lived together. According to the police facts, at approximately 12:00 pm on 21 November 2020, the pair became involved in a heated argument. The complainant told police that she began recording the incident on her phone, during which the accused said “get the f*** out of my house.” She refused, asserting that it was her home too.

Police alleged that the accused then became heated, yelled at her, picked up a shoe and struck her on the left forearm, before grabbing her by both arms, causing her phone to fall and the recording to stop. The complainant claimed she called out for help twice, after which the accused let go and left the room. A photo was later produced showing a bruise on her forearm.

Notably, the complaint was not made to police until 24 July 2024, almost three years and eight months after the alleged incident.

Our Client’s Version of Events

Our client denied the police version of events. In our letter of representations to the Officer in Charge, we put forward a very different account:

“..our client has instructed us that he did not assault the complainant as alleged or at all… The complainant took the phone and threw it at the accused which narrowly missed the accused. The accused in turn picked up a shoe and threw it next to the complaint. The shoe did not strike the complainant as alleged at all..”

We also highlighted that our office had evidence depicting the complainant acting in a hostile and aggressive manner and throwing the phone. We submitted that the complainant’s allegation of being struck and injured was not supported by independent evidence.

The Delay in Reporting

The timing of the report was a major factor in our defence strategy. We told police:

“We note that the alleged offence date is that of 21/11/2020. The alleged offence is reported to NSW Police some 3 years and 8 months later. We respectfully submit that the complainant has been untruthful in her statement to NSW Police in that the shoe did not strike her as alleged or at all and no injury was occasioned thereby.”

In this way, we argued that this substantial delay raised questions about the reliability of the allegation. For obvious reasons, the threshold of reasonable doubt becomes that much more of a burden to prove for the prosecution in face of such a long delay in memory and legal action.

Not only that, but we also pointed out a possible ulterior motivation behind the allegation, which, when coupled with the long delay in the report, made for a compelling point:

“Her motive in this regard is a key issue in the matter before the court. At the time of reporting the alleged offence to NSW Police on 24 July 2024, it appears she was having family issues in relation to the children at the time.”

Questioning Credibility

In the representations, we also submitted:

“The complainant made up a version of events in relation to a bruise that she got from somewhere else and blamed the accused.”

Given the word-against-word nature of the case, and relying on the principles in Murray v The Queen and Liberto v The Queen, we urged police to withdraw the charges entirely.

Negotiations and Outcome

While the police did not agree to a full withdrawal, our negotiations were highly effective. On the defended hearing date at Penrith Local Court, the charge was amended and our client entered a plea of guilty. Due to the strong submissions made in mitigation and the weaknesses we had exposed in the prosecution case, the Court exercised its discretion under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

No conviction was recorded and our client was placed on a Conditional Release Order (CRO) for 12 months with two conditions: to not offend during the CRO period and to appear before the Court if called upon during the same period.

The associated AVO was also made for 12 months with standard condition 1 and three sub-conditions, ensuring there was no harsher penalty or recorded conviction.

Why This Matters for You

This outcome shows that even where a plea is entered, a skilled criminal defence lawyer can ensure the consequences are minimal by challenging the credibility of the complainant, highlighting significant delays in reporting, presenting evidence of the complainant’s aggression and negotiating strategically with police prosecutors.

In the end, we avoided a criminal conviction and protected our client’s record.

For anyone needing to fight an AVO, revoke an AVO, or defend a domestic violence charge, the key takeaway is this: early, strategic legal intervention can completely change your outcome.

Contact us

If you have been charged with assault, served with an AVO, or accused of domestic violence, contact National Criminal Lawyers® today. We are the experts in achieving no conviction outcomes, AVO defence and revocation as well as assault and domestic violence cases.

If you’re looking for a ‘Criminal defence lawyer near me’, we’re here to serve and fight as your AVO lawyer, domestic violence lawyer or assault occasioning lawyer.

Call us on 1800 CRIM LAW for a free consultation. Let us use the same negotiation skills and legal strategies that helped our client avoid a conviction in this case to protect your future.

See below the copy of the court result.