Seven Serious Charges Dismissed at Trial – Full Acquittal & Costs Awarded
Our client was originally charged in 2024 with seven serious criminal offences, including:
three counts of being armed in a way that may cause fear, contrary to s 68(1) of the Criminal Code (WA);
two counts of unlawful wounding, contrary to s 301(1) of the Criminal Code;
one count of assault occasioning bodily harm, contrary to s 317 of the Criminal Code; and
one count of making a threat to kill, contrary to s 338B(1)(a)(iii) of the Criminal Code.
Our client firmly denied the allegations and maintained that he had been pursued, threatened and violently attacked by the complainants. He relied upon self-defence and emergency and denied using a knife or making any threat to kill.
Mr Chris Sheehy undertook extensive preparation for the three-day trial, including a detailed examination of the complainants’ accounts, CCTV and video footage, medical evidence, police records and significant deficiencies in the police investigation.
During cross-examination of one of the complainants, a number of serious inconsistencies and reliability issues emerged which substantially undermined the prosecution case. As a result, the prosecution informed the Court that it was unable to offer any further evidence against our client.
Mr Sheehy made a no-case submission on the basis that the evidence was incapable of establishing the charges. The Court accepted that submission and entered judgments of acquittal on all seven charges. The Court also awarded costs in our client’s favour.
This was an exceptional outcome for a client who had lived under the weight of serious allegations for almost two years.