As a new month begins, National Criminal Lawyers® has achieved yet another outstanding result that is second to none. Our office was instructed to act in a serious matter that has been ongoing since November 2019. The part-heard matter finally was resolved where all charges were dismissed against our client.

Our client approached National Criminal Lawyers® with short notice asking for our help. The matter was listed for hearing and there was less than a week to prepare for the matter. However, National Criminal Lawyers® could not turn their backs especially when our client had bad luck getting the best legal advice.

During the current times, the Court procedures relating defendant hearings have changed. To read about these changes please click here.

However, given the matter was a part-heard matter, it was not affected by these changes.


The charges our client was facing were quite serious. Our client was charged with the following offences:

  1. Intentionally choke without consent pursuant to section 37 of the Crimes Act 1900 (NSW) (‘The Act’ hereafter); and
  2. Common assault occasioning actual bodily harm pursuant to section 59 of The Act.

Each of these will be considered below. Alternatively, click here for an in depth understanding of the law concerning the above-mentioned offences.


Intentionally Choke

Section 37 of The Act states:

a person who intentionally chokes, suffocates or strangles another person without the other person’s consent is guilty of an offence”.

If you are found guilty of this offence, the maximum penalty that can be imposed is 5 years imprisonment.

However, if the choking renders the person unconscious or incapable of resistance then the maximum penalty that is applicable is 10 years imprisonment.

Assault Occasioning Bodily Harm

Section 59 of The Act states:

“(1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.

(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years”.


National Criminal Lawyer® had little time to prepare. However, we used this to our advantage and still achieved the outstanding result that our clients expect.

Whilst dissecting the brief of evidence, our criminal lawyers identified significant inconsistencies with the statement of the complainant. Our office identified the following inconsistencies which included the following:

  • The statement was made weeks after the alleged incident; and
  • The statement made to police by the complainant portrayed a different version of events to the version described in the facts sheet.

On the day of hearing, the Principal of National Criminal Lawyers®, Mr Michael Moussa put all of these inconsistencies to the complainant in the witness box. Michael put pressure on the witness with his creative questioning methods. As a result, the witness’ web of lies was exposed to the Court.

In the end, National Criminal Lawyers® made closing submissions that the complainants evidence is unreliable given that her credibility was diminished by Michael’s cunning cross examination skills.

As a result, the Court gave judgment that the matter is dismissed as the prosecution could not prove the case beyond reasonable doubt.


Unlike other solicitors who prepare their questions on a piece of paper, Michael uses his quick thinking skills and asks questions on the spot to trap the witness. Whilst under cross examination, the witness’ evidence was tested thoroughly by Mr Moussa.

His questioning really tested the truthfulness of the of witness and portrayed to the Court that the witness was prone to give inconsistent statements and therefore not a credible witness in accordance with provisions of the Evidence Act. The witness was caught red handed providing inconsistent version of events before the Court. His strategy is simple; look at the inconsistencies and tackle the real issues that are present before the Court.


What differs the unity of National Criminal Lawyers® is simple; we understand the law and how to apply it in the correct circumstances.

When proceeding to a defendant hearing, it is important to understand the Evidence Act back to front. In addition to our unmatchable advocacy skills, understanding how evidence can be admitted or excluded in the Court is paramount. The team at National Criminal Lawyers® has both of these skills in our arsenal.

If you or anyone you know has been charged with an offence and are now proceeding to a defendant hearing, contact us for a free consultation.

Get In Touch!

"*" indicates required fields