Our client was a 33-year-old stay at home mother. Along with four other people, she was charged with affray after a physical altercation unfolded outside her home in the early hours of the morning. There was no CCTV footage capturing the incident. Several different accounts were provided by six parties present at the location. It was alleged that one of the co-accused parties charged at the male victim, used his right hand to punch the victim in the face with a closed fist, and wrestled him to the ground. The two parties wrestled and rolled through the front of the property for a short time; during which, the male victim sustained a serious injury amounting to grievous bodily harm. It was alleged that our client jumped on top of the male victim, punching him several times in the face. Our client was alleged to have later assaulted a female victim by sitting on top of her and using a closed fist to punch the female victim several times in the jaw. Shortly after the incident, the Police arrived and spoke with our client. She maintained that she was initially acting in defence of her friend and later in self defence during the physical altercation with the female victim. After being charged with the offence, our client contacted Lamont Law and spoke with our criminal defence solicitor, Joanna. Our client provided detailed instructions regarding the physical altercation, and she presented evidence of the injuries she sustained during the melee. Three of the co-accused parties pleaded guilty to affray. Our client and one co-accused entered a plea of not guilty and the matter was listed for a defended hearing at Wyong Local Court. The co-accused party was not legally represented at the time of hearing. We obtained the brief of evidence from the NSW Police. Joanna meticulously scrutinised the witness statements, reviewed our client’s detailed instructions, and she reviewed the images of the injuries our client sustained during the physical altercation. It soon became clear that our client was indeed acting in defence of her friend and later in self-defence. At the time of hearing, our solicitor, Joanna, systematically dismantled the prosecution case by highlighting material inconsistencies between, and deficiencies within, the witness statements. She elicited evidence from our client to the effect that she acted in response to an attack upon her friends and later in self-defence. After consideration of the evidence and upon hearing the closing submissions, His Honour concluded that the prosecution failed to negative the possibility of self-defence beyond reasonable doubt. Our client was found not guilty of the charge, and the matter was dismissed.

