Our client was a 64 year old male. He had no criminal history. The complainant was an officer authorised to disconnect electricity. The officer had entered the client’s property in order to disconnect electricity for non-payment of bills. The client disputed that there were outstanding bills and challenged the officer. The officer proceeded to the electricity box to disconnect the electricity. The client pushed the officer, causing him to fall over and sustain a laceration to his eye. He was subsequently charged with common assault. We raised two issues with the prosecution case. Firstly, whether the complainant had the legal right to enter the client’s property and disconnect his electricity. It was argued a number of preconditions to exercising that power of entry had not been complied with. The second issue was whether the client was acting in self-defence. It was submitted that the client acted to protect his property from unlawful damage or interference, and was not guilty of the offence under the self-defence provisions (section 418(1)(c) of the Crimes Act 1900 (NSW)). Both the officer and the client gave evidence at hearing. At the conclusion of the hearing, the matter was adjourned for written submissions to be provided to the Court. Ultimately, the Magistrate was not persuaded that the officer’s entry was lawful. The client was found not guilty due to self-defence. The allegation was dismissed. The client was thrilled because he was able to maintain his clean criminal record.

