Published 20 September 2021
Judge-alone trial — assault with intent to injure — reduction of charges — male assaults female — domestic violence — proof beyond reasonable doubt — assault — Crimes Act 1961, ss 193 & 196. The defendant faced three charges of assault with intent to injure. The complainant was his ex-partner. He was alleged to have gone to the complainant's house and attacked and abused her. He then seemed to make an attempt to rape her, but left after another person entered the room. In a separate incident some weeks later, the defendant was alleged to have put his arm around the complainant's throat, impeding her breathing, and then punched, abused, strangled and threatened to kill her. The Court found aspects of the complainant's evidence unsatisfying and illogical. However the Court observed that all complainants react differently to being offended against, sometimes in ways that seem to not make sense to others. Weighing the evidence of both the complainant and the defendant, the Court found that assaults had occurred, but reduced the charges of assault with intent to injure to two of male assaults female and one of assault. Judgment Date: 6 June 2019. * * * Note: names have been changed to meet legal requirements. * * *
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