Our criminal law Senior Associate, Francis Caesar Devine, recently defended a client charged with an alleged domestic violence common assault, which was heard over three days in Cessnock Local Court.
While the matter was relatively simple in terms of the factual scenario, it involved complicated legal arguments as to the admissibility of evidence throughout the hearing. Indeed, the legal arguments consumed most of the first day of the hearing, leaving little time for examining witnesses. Even on the second hearing date, further legal arguments had to be addressed throughout the day, which frustratingly delayed the matter finalising even further.
During closing arguments, Mr Devine emphasised the important role that the “presumption of innocence” and proof “beyond reasonable doubt” play in our criminal justice. While superior court judges have repeatedly stated that it is impossible to define the phrase “beyond reasonable doubt” with any precision, it essentially means that an accused person is entitled to the benefit of any reasonable doubt with an acquittal being entered.
With our client facing the potential loss of his job, a maximum penalty of 2 years imprisonment, and having already endured what must have felt like an endless journey through the criminal justice system, his Honour ultimately found our client NOT GUILTY and dismissed the charge.
