A small local supermarket in Western Sydney had been subjected to repeated thefts, vandalism and threats over several years. Despite the owner's multiple reports to police, little action was taken. These incidents severely affected the safety and daily operations of the business, causing increasing anxiety for the owner and staff.
Self Defence Amid Organised Robbery and Escalating Threats
During a particularly aggressive and racially charged incident, a group of offenders entered the premises with the clear intent to steal and intimidate. Faced with escalating danger and fearing for safety, the store owner used reasonable force to protect the property and the people inside. The intruders then made a complaint to police, shifting the legal focus onto the owner and reversing the narrative.
Seven Criminal Charges Laid Without Proper Context
Following the incident, the owner was arrested and charged with seven serious offences, including assault-related charges. These charges were laid without any proper investigation into the history of threats, previous reports or the circumstances that led to the defensive actions.
Strategic Legal Defence by Brightstone Defence
The Brightstone Defence Criminal Law Team took swift and strategic action. Over the next six months, the team collected CCTV footage, eyewitness statements and identified inconsistencies in the police reports. Through careful legal preparation and direct engagement with police prosecutors, the team succeeded in having more than half of the charges withdrawn before the matter reached trial.
Final Outcome: One Charge, No Criminal Record
At the final hearing, our lawyer presented a detailed account of the incident, placing it in the broader context of long-term threats and inadequate police intervention. The defence highlighted the client's long-standing contribution to the community and the emotional toll caused by repeated targeting.
The judge accepted that the circumstances warranted compassion and understanding. No conviction was recorded. Moreover, the judge publicly criticised the police for their handling of the matter and for failing to pursue those actually responsible.
Emotional Relief and a Just Resolution
This result allowed our client to return to running their business, free from a criminal record and with their integrity intact. The client expressed deep gratitude for the support, care and persistence shown by the Brightstone Defence team.
Frequently Asked Questions (FAQ)
- Can someone be charged for self defence in Australia?
Yes. If police believe the force used was excessive or unjustified, a person may face criminal charges even if they were defending themselves.
- What evidence helps in a self defence case?
Security footage, witness statements and prior incident reports are critical. A legal team can help gather and present this evidence effectively.
- Is it possible to avoid a criminal record after being charged?
Yes. In many cases, courts may dismiss charges or decide not to record a conviction depending on the circumstances and quality of legal representation.
Your Legal Team for Criminal Defence Cases
At Brightstone Defence, we provide strategic legal representation for clients facing serious charges, including assault, theft, and property-related offences. Our experienced team is dedicated to securing the best possible outcomes, ensuring the legal system fairly considers every client’s circumstances. We work tirelessly to protect your rights and your future, in and out of the courtroom.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
