Choking and Assault Charges in NSW
In New South Wales, domestic violence charges such as choking without consent and assault occasioning actual bodily harm are treated with extreme seriousness. These offences carry maximum penalties of up to five years' imprisonment and can leave a permanent criminal record.
The Incident and Initial Police Allegations
Our client, Mr Magri, a 21-year-old man, was charged with three criminal offences following a heated argument with his then-girlfriend. The dispute allegedly began over a minor issue regarding dinner. Police alleged that Mr Magri pushed the complainant to the ground and choked her for several minutes, causing her to fear for her life. As a result, police were called to the scene and charged him with:
- Choking without consent
- Assault occasioning actual bodily harm
- Common assault
These charges, if proven, would have had devastating consequences on Mr Magri's future.
A Different Account: Allegations Challenged
Mr Magri's version of events painted a very different picture. He claimed that his then-girlfriend initiated physical contact, causing him injuries. During his attempt to push her away, she allegedly fell, which may have led to some light contact with her neck. There was no intent to cause harm, and certainly no prolonged choking.
He immediately sought legal advice and engaged Brightstone Defence to act on his behalf.
Building a Strong Defence Strategy
Our team at Brightstone Defence began by gathering all available evidence, including our client's detailed statement and the background of the relationship. Once the matter proceeded to its first court appearance, the police provided further materials. These included:
- Photographs of injuries
- Multiple witness statements
- Body-worn camera footage from police officers
After thorough review, we identified several inconsistencies between the complainant's two police statements. We also engaged a medical expert to review the alleged injuries, who provided a written report that supported our client’s version of events.
Cross-Examination Revealed Key Contradictions
During the defended hearing, our barrister carefully cross-examined the complainant. The questioning revealed inconsistencies and highlighted prior messages that indicated a possible motive to fabricate or exaggerate the allegations. We presented social media communications and private messages (including text messages and chat records from platforms such as WhatsApp and TikTok), which indicated a pattern of retaliatory behaviour.
Mr Magri’s defence was that any physical contact was incidental and occurred solely in the context of protecting himself from harm. There was no deliberate choking. Instead, any contact with the complainant’s neck was momentary and unintentional.
Final Outcome: All Charges Dismissed
After two days of court hearings, the Magistrate accepted the defence case in full. The Court found that:
- There was no reliable evidence of intentional choking
- The injuries were minor and consistent with defensive actions
- The complainant’s account was not credible
As a result, all three charges against Mr Magri were dismissed. He was found not guilty and left court without a criminal record.
Frequently Asked Questions (FAQ)
- What is considered choking without consent in NSW?
Choking without consent refers to any act of intentionally applying pressure to another person’s neck without their consent. It is a serious offence under section 37 of the Crimes Act 1900 (NSW).
- Can self-defence be used against domestic violence charges?
Yes. Under NSW law, self-defence is a valid legal defence if the accused was acting to protect themselves from harm and used reasonable force.
- Will I get a criminal record if the charges are dismissed?
No. If all charges are dismissed or you are found not guilty, you will not have a criminal conviction recorded.
- Should I get a lawyer even if I believe I did nothing wrong?
Absolutely. Early legal representation is essential in protecting your rights and challenging inaccurate or exaggerated allegations.
How Brightstone Defence Can Help
This case highlights the importance of early legal advice and the strength of a well-prepared defence. At Brightstone Defence, our experienced criminal lawyers are ready to protect your rights and ensure that your side of the story is heard.
If you are facing domestic violence or assault allegations, contact us today on (02) 9223 1999 for a confidential consultation.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
