Our client appeared before the Court charged with common assault following allegations that he assaulted an Uber driver.

Common assault is an offence under the Crimes Act 1900 (NSW) carrying a maximum penalty of 2 years imprisonment and/or a $5,500 fine. Even where no serious injury is alleged, a conviction can have major consequences for employment, travel, reputation, and future opportunities.

Our client was a 61-year-old man who strongly maintained his innocence from the very first consultation. He instructed that he had not committed the offence and wished to defend the matter.

Lamont Law solicitor Jelena Dobric carefully reviewed the prosecution brief and obtained detailed instructions from the client.

During that review, Jelena Dobric identified significant issues in the prosecution case, including:

  • Major discrepancies between the complainant’s description of the alleged offender and the client’s actual physical appearance
  • Inconsistencies between the complainant’s statement to police and the statement of the Officer in Charge
  • Reliability issues affecting the prosecution evidence

Given those weaknesses, the matter proceeded to a defended hearing.

At the hearing before Magistrate P Thompson at Campbelltown Local Court, Jelena Dobric rigorously cross-examined both the complainant and the investigating police officer.

The inconsistencies in the evidence were fully explored in Court.

After hearing all of the evidence, the Magistrate found the client not guilty.

As a result:

  • The charge was dismissed
  • No conviction was recorded
  • The client left Court without a criminal record

Why this result matters: Defended hearings can be won where evidence is unreliable or inconsistent. Thorough preparation and strong cross-examination can be decisive in securing an acquittal.

This case result was dependent on its own facts and circumstances. Past results do not guarantee future outcomes.

lamont law jelena

Result achieved by

Jelena Dobric

Solicitor · Lamont Law

Jelena is admitted to the Supreme Court of NSW and the High Court of Australia. Jelena practices exclusively in criminal and traffic law. Jelena has degrees in Media and Law from the University of New South Wales.

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