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Family Violence Charges Withdrawn

  • Writer: Eric Chen
    Eric Chen
  • Aug 11
  • 1 min read

Updated: Sep 10

Background

Our client faced serious family violence charges carrying significant potential penalties and long-term consequences. The charges included strangulation, threatening to kill, and wilful damage - offences that typically result in imprisonment and have substantial impacts on employment, travel, and family relationships.


The Challenge

This case involved multiple serious allegations requiring comprehensive defense preparation:

  • Strangulation charge: Serious violent offence with mandatory sentencing considerations

  • Threatening to kill: Intimidation charge carrying potential imprisonment

  • Wilful damage: Additional property-related charge

  • Family violence context: Complex dynamics and enhanced penalties under family violence legislation

  • Jury trial preparation: Extensive preparation required for contested proceedings


Our Approach

We maintained our client's not guilty plea throughout the proceedings and prepared comprehensively for a jury trial. Our strategy involved thorough case preparation while maintaining readiness to proceed to trial, demonstrating our commitment to contesting the charges.


Outcome

On the day scheduled for jury trial, the Crown was forced to withdraw all charges due to the unavailability of police witnesses. This resulted in:

  • Complete dismissal: All charges withdrawn with no conviction recorded

  • No penalties imposed: No imprisonment, fines, or other consequences

  • Clean record maintained: Client's record remained unblemished

  • Family relationships preserved: Avoided potential protection orders and family disruption


Significance

This case demonstrates the importance of maintaining a strong defense position and being prepared to proceed to trial. Strategic case management and thorough preparation can lead to favorable outcomes even in serious family violence matters, highlighting how procedural requirements and witness availability can significantly impact case outcomes.

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