On 21 December 2023 our client was arrested and charged with the following domestic violence offences:

1. Common assault, which is an offence against section 61 of the Crimes Act 1900;
2. Assault occasioning actual bodily harm, contrary to section 59(1) of the Crimes Act 1900; and
3. Intentionally or recklessly damage property, contrary to section 195(1)(a) of the Crimes Act 1900.

The offences were alleged to have occurred towards the end of the complainants relationship with our client. The complainant told the police that our client had pulled her hair, punched her in the head and threw a candle at her TV, because he was jealous of her messaging other men.

Our client pleaded not guilty and the charges were set down for final hearing. Our client maintained that the complainant was suffering from bi-polar disorder and suicidal ideation and had consistently and continuously threatened to kill herself if our client did not remain in a relationship with her, and that she had made up the allegations because our client had decided to finally break up with her.

Our assault lawyer then began preparing for the hearing. Our assault lawyer obtained evidence from our client which supported his theory, including text messages, voice messages and audio recordings that significantly harmed the complainants credibility. Amongst other things, our client obtained a voice message where the complainant threatened that she would go to the police if our client continued talking to other women and did not stay in the relationship with her. Two days later, the complainant attended the Manly Police Station and made the allegations against our client.

On 21 June 2024 our assault lawyer attended Manly Local Court for our client’s hearing. Prior to Court commencing, our assault lawyer spoke with the police prosecutor. Our assault lawyer revealed to the police prosecutor all the evidence that undermined what the complainant had first told police, including the voice recording of the complainant threatening to go to the police ‘to end our clients life,’ if he did not stay with her.

After ongoing negotiations with the police prosecutor, the police agreed to drop all of the charges against our client in exchange for our client agreeing to an ADVO.

Our client willfully accepted the ADVO without making any admissions to the allegations, and each of the charges against him were formally dismissed by the Magistrate.