Not guilty verdict of GBH – Cairns district court – Sep 18

Our client was charged with doing grievous bodily harm in Cairns in 2016. The Crown allegation was that our client attacked another person with a dumbbell bar in May 2016.  The maximum penalty is 14 years imprisonment.

The allegations were that our client attacked the complainant without provocation or for any reason. He hit him repeatedly with a wheel spanner, and kicked the complainant on the ground. The complainant was unresponsive and bleeding from his head and mouth. He had seizures. He suffered lacerations to the skull, fractures in his face, broken dentures, cuts and stitches. If treatment had not been provided the complainant would have died from his injuries.

The crown alleged that our client called the complainant while he was in hospital and threatened to kill him if he spoke to police.

There were a number of witnesses to the movements before and after the injuries were sustained, however no one witnessed the actual blows. The crown case also relied upon an alleged admission by our client to the offending. A number of people witnessed the complainant attending the address whilst armed, a fact which was used to great effect to place self defence before the jury. Our client was also injured in the incident to a lesser extent.

Alan Phillips of our office represented our client, and Scott Lynch of Counsel was briefed in the trial that proceeded before the Cairns District Court. Despite the allegation that our client made admissions to a number of people, and made threats to people to withdraw their evidence, and despite the extensive injuries, the jury returned a verdict of not guilty to this very serious charge.

If you are interested in our criminal lawyers acting on your behalf, please call either Alan Phillips on 3009 8469 or Nicholas Crawford on 3009 8467 or Tyronne Thomas on 3009 8481.

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