Case Study: Criminal Law Firm Successfully Withdraws Attempted Murder Charges

Background

Our Melbourne-based Criminal law firm recently represented a client facing charges of attempted murder, trespass, and assault with a weapon. The accused person and the complainant were married to each other and had a residence together. On 13th February 2021, the accused discovered his spouse's extramarital affair with a third person, which resulted in a heated verbal exchange. In an outburst of anger, the accused assaulted the complainant with a bottle and then left the residence to stay with a friend.

The accused attempted multiple times to reconcile with his spouse and returned to their home on 20th February 2021. He entered the property through a broken window with the intention of filming his wife and the third party together in bed secretly. However, the accused did not have any harmful intentions, nor was he carrying any weapon when he entered the house.

Upon confronting the complainant and the third party in bed, the accused and the complainant moved to the kitchen, where the third party armed himself with a kitchen knife. The accused, fearing for his safety, also armed himself with a knife, which resulted in a brief scuffle. During the altercation, the third party was accidentally injured, and the accused immediately stopped attacking when he realized the extent of the injuries. The accused person was subsequently charged with attempted murder, assault, and trespass.

Withdrawal of Charges - Attempted Murder

 The law firm provided evidence and arguments that proved the absence of malicious intent on the accused person's part to harm the complainant or the third party. The firm highlighted the CCTV footage that confirmed the absence of weapons on the accused person when he entered the property. The law firm also referenced a witness statement in which the complainant stated his intention to contact the police, which the accused person ignored as he did not have any harmful intentions.

 Furthermore, the law firm contended that the injuries sustained by the third party were not indicative of a forceful strike or stab. Instead, the injuries were likely the result of an accident. Therefore, the law firm argued that there was no evidence to prove that the accused acted with the intent to cause harm to the third party's life. The charge of attempted murder was subsequently withdrawn.

Withdrawal of Charges - Trespass

The law firm also contended that the accused person held a leasehold interest in the property and believed he had the authority to enter the property. Although the complainant had asked the accused person to leave, the law firm argued that the request was not enough to revoke the lease or provide sufficient notice of termination. Therefore, the law firm argued that the accused person cannot be considered a trespasser and the charges should be withdrawn.

Withdrawal of Charges - Assault with a Weapon

The law firm argued that the injuries sustained by the third party did not constitute serious injuries under the Crimes Act 1958. The firm cited the case of Sargeant v The Queen, Garratt v The Queen [2020] VSCA 45, which established the criteria for evaluating the seriousness of an injury. The law firm consulted a medical consultant, who opined that the injuries sustained by the third party could not have created a danger of causing the third party's death. Therefore, the law firm argued that the charges of assault with a weapon should also be withdrawn.

Conclusion

Through their diligent work, the law firm successfully represented their client and withdrew all the charges against him. The case highlights the importance of seeking legal representation to understand your legal rights and to have experienced professionals working on your behalf.