Case note: torture, grievous bodily harm and acts intended

The charges

Torture, grievous bodily harm, and acts intended to maim, disfigure or disable. All are offences under the Criminal Code (Qld). The exposure was 14 years on two of the charges and life imprisonment on the third.

There was an immigration consequence as well. The seriousness of the allegations raised a real prospect of visa cancellation and removal.

The background

The client’s instructions were that a couple were fighting violently and that he stepped in to separate them. Witnesses arrived partway through and saw a man using force. He was charged.

Several witnesses gave accounts consistent with the client having been an aggressor. His account was plausible but ran against what a number of people believed they had seen.

Instructions were to defend the charges.

What was done

The matter proceeded through the Magistrates Court, where witnesses were cross-examined at committal.

That step matters. Committal cross-examination is where an account first meets a careful question, and where the difference between what a witness saw and what they assumed becomes visible. It also means there are no surprises if the matter is committed for trial.

The client was committed and an indictment was presented. Preparation for trial continued.

The result

Approximately one month before the trial was to commence, the prosecution entered a nolle prosequi and the matter was discontinued.

That result reflected the particular evidence in that matter and the way the witness accounts developed under cross-examination. Every matter turns on its own facts, and nothing here suggests a similar outcome is available in another case.