CCTV Evidence Leads to Charge Withdrawals and Discharge

Background

Ms Sun faced extremely serious family violence charges including strangulation, assault, and threatening to kill - offences that typically result in immediate imprisonment and carry severe long-term consequences. Strangulation charges in particular attract mandatory sentencing considerations and are viewed by courts as amongst the most serious forms of domestic violence due to their life-threatening nature.

The Challenge

This case involved multiple serious charges requiring comprehensive evidential analysis and strategic advocacy:

• Strangulation charge: Life-threatening offence with mandatory sentencing implications

• Threatening to kill charge: Serious intimidation offence carrying substantial penalties

• Assault charge: Additional violence allegation in domestic context

• Multiple allegations: Complex fact pattern requiring detailed investigation

• Evidence gathering: Need to locate and analyse relevant CCTV footage

• Family violence context: Enhanced penalties and protection order considerations

  
  

Our Approach

Recognising the serious nature of the charges, we conducted a thorough investigation into the circumstances of the alleged offending. Our efforts focused on obtaining relevant CCTV footage that could provide objective evidence of the incident. After securing this crucial evidence, we engaged in comprehensive negotiations with police, presenting the CCTV material that contradicted key aspects of the prosecution case regarding the most serious charges.

Outcome

Through strategic use of the CCTV evidence, we achieved significant charge reductions and ultimate discharge relief:

• Strangulation charge withdrawn: Most serious life-threatening charge completely dismissed

• Threatening to kill charge withdrawn: Intimidation allegation removed following evidence review

• Assault charge remained: Single remaining charge significantly reduced in severity

• Discharge without conviction granted: No conviction recorded despite initial serious allegations

Significance

This case demonstrates the critical importance of thorough investigation and evidence gathering in serious criminal matters. The CCTV footage proved instrumental in undermining the prosecution case on the most serious charges, leading to their complete withdrawal. The subsequent successful discharge application for the remaining assault charge shows how effective charge reduction can create opportunities for exceptional sentencing outcomes, even in serious family violence contexts. The result highlights how objective evidence can fundamentally alter case trajectories and protect clients from disproportionate consequences.