Author: Phillip Gibson
Downing Centre Local Court, Sydney
Represented by Solicitor: Phillip Gibson, Accredited Specialist Criminal Law
Case Facts: Client was charged with Inflicting Grievous Bodily Harm with intent, a strictly indictable offence that must ultimately be dealt with in the District Court. Client punched his neighbour who was threatening him. Our client broke his hand in the punch.
Case Result: After negotiations with the Director of Public Prosecutions office, the serious charge of Inflicting Grievous Bodily Harm with Intent was replaced with Assault Occasioning Actual Bodily Harm and the matter proceeded to a defended hearing in the Local Court instead of going for jury trial. The client raised self defence when he gave evidence. Once self defence is raised, the onus is on the prosecution to establish that the accused did not believe that it was necessary to do what he did in self defence, and that what he did was not reasonable in the circumstances that he found himself in. The charge against our client was dismissed.
Without the expertise and professionalism of Phillip Gibson, an accredited criminal law specialist, the original charge may have seen the client going to the District court for jury trial at significant expense and stress. Phillip Gibson works from our Sydney criminal defence lawyer office and he travels all over NSW as a specialist defence lawyer.