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I have a question in regards to a friends criminal case.

Customer Question
Hi i have a...

Hi i have a question in regards ***** ***** friends criminal case

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Qld

Lawyer's Assistant: Has anything been filed or reported?

Yes the friend has served time awaiting his first trial, he has now been released on bail awaiting a commital hearing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is a strangulation charge, that has no evidence to back it as the charge was made by the prosecution manipulating a witnesses statement, the witness has since changed the statement saying that the words were taken out of context

Submitted: 7 months ago.Category: Australia Law
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Answered in 1 minute by:
7/22/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,754
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 7 months ago

Dear customer, from the facts you have described, the prosecutions case may fail due to the (main) witness changing their statement, which puts the witnesses credibility into question, which is good for the defence to use to attack that witnesses on.

In your friends case the claim raised under the Criminal Code Act 1899 QLD is 315A. Choking, suffocation or strangulation in a domestic setting.

315A Choking, suffocation or strangulation in a domestic setting

(1) A person commits a crime if—

(a) the person unlawfully chokes, suffocates or strangles another person, without the other person's consent; and

(b) either—

(i) the person is in a domestic relationship with the other person; or

(ii) the choking, suffocation or strangulation is associated domestic violence under the Domestic and Family Violence Protection Act 2012.

Maximum penalty—7 years imprisonment.

(2) An assault is not an element of an offence against subsection (1).

If you need further assistance please let me know.

Kind regards *****

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Solicitor: John Melis, Lawyer replied 7 months ago

Dear customer, in addition, section 339 of the Act Assaults occasioning bodily harm may apply as well:

(1) Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime, and is liable to imprisonment for 7 years.

(3) If the offender does bodily harm, and is or pretends to be armed with any dangerous or offensive weapon or instrument or is in company with 1 or more other person or persons, the offender is liable to imprisonment for 10 years.

(4) The Penalties and Sentences Act 1992, sections 108B and 161Q also state a circumstance of aggravation for an offence against this section.

(5) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 7 months ago

Dear customer, if you would like to discuss this matter further, I welcome you to request telephone services.

Don’t forget to rate my service.

Kind regards

John Melis

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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