Choking, Dangerous Operation of a Motor Vehicle and TPO Dropped

In November 2019 our client, a 27-year-old man from Brisbane, was charged with four offences including Choking, Dangerous Operation of a Motor Vehicle, Obstruct Police Officer and Contravene Direction or Requirement of Police in the Ipswich Magistrates Court.

The Police alleged that our client and his partner of 10 years left a party in North Brisbane and an argument ensued on the drive home where our client pulled on the handbrake of the vehicle whilst the car was travelling. The Police further alleged that our client then grabbed his partner’s neck squeezing her throat tightly and pushed her towards the car window so she could not breathe.

After Police attended the scene, our client was uncooperative with Police and refused to provide his full name and attempted to climb out of the Police car window.
Police imposed a Temporary Protection Order under the Domestic and Family Violence Protection Act 2012 (Qld) prohibiting any contact between our client and his partner.

Two weeks after the offence, the complainant withdrew her statement to the Police and provided medical evidence indicating her diagnosis panic attacks and anxiety which involve shortness of breath, sudden fear of terror and overwhelming feelings that she is about to have a heart attack or die. The complainant indicated that our client was holding her by the shoulders to calm her down.

A committal hearing was held and Nicholas Crawford of our office cross-examined the complainant which resulted in the Choking charge being discontinued.

A further submission saw the Dangerous Operation of a Motor Vehicle charge discontinued and the Temporary Protection Order removed and replaced with a Mandatory Good Behaviour Order to allow our client and partner to re-establish contact.

Zoe Kansky of our office represented our client for a plea of guilty to the Contravene Direction or Requirement of Police and Obstruct Police Officer and he was sentenced to a fine with no conviction recorded.

If you are interested in our criminal lawyers acting on your behalf, please do not hesitate to contact Zoe Kansky on 3009 8489.

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