Domestic Violence with intimidation / stalking is a serious offence of causing a visible injury has serious consequences, including a term of imprisonment.
This case example demonstrates the elements to an offence of “Assault occasioning Actual bodily harm pursuant to section 59 (1) of the Crimes Act 1900”.
Part of the elements includes being able to see an actual injury.
This can range from a bruise to a cut or a series of both.
More Serious charges of Domestic Violence with Intimidation and Injury
You can be charged with a more serious offence of wounding if a bone is broken.
This is a separate charge and carries a higher term of imprisonment.
At 10 pm on 20 August, the accused and the victim (the accused’s grandmother) were at their house located at 1 Park Street, Landgrove.
The accused was intoxicated and had consumed an unknown amount of alcohol.
The victim and the accused had a verbal argument.
The accused used the back of his hand to strike the victim in her face and this has caused massive swelling and bruising, constricting her vision.
The victim called 000 Emergency services and police arrived at the home.
Police immediately saw bruising on the victim’s face and called for an ambulance to attend.
The police took a photo of the bruising and the victim advised the police that her grandson had hit her on the face and that he when he is intoxicated he then gets violent.
Police spoke with the accused, who admitted he hit his grandmother and Police cautioned and placed him under arrest.
At the time the accused appeared to be well under the influence of alcohol and he told police that he deserved to be punished.
During his arrest, police complied with all safeguards set out by the Law Enforcement (Powers and Responsibilities) Act 2002.
Paramedics arrived on the scene and spoke with the victim, who agreed to go to the Hospital to be examined for her injuries.
Police attended the hospital in order to obtain a statement from the victim, however she declined both a written and video recorded statement.
During this time, the accused was conveyed to Landgrove Police station, where he was introduced to the custody manager( ie the police officer having from time to time the responsibility for the care, control and safety of a person detained at a police station or other place of detention) and placed into custody.
The accused was observed after a period of time and was determined to be too intoxicated to be explained his Part 9 rights under the Police powers conferred according to the Law Enforcement (Powers and Responsibilities) Act 2002.
Whilst in custody, the accused was deemed also unsuitable to be interviewed due to his level of intoxication under those same police powers and Act.
The accused was instead was placed in a time out.
Police hold genuine fears for the safety of the elderly victim, due to a previous incident under similar circumstances, where the accused assaulted the victim whilst intoxicated and called police himself.
Police believe that this is a continuing occurrence and pattern of stalking, intimidation and violence -and that the severity is increasing.
Police fear that without intervention, the victim will be assaulted again as indeed this happened previously.
Contravene prohibition or restriction in an apprehended domestic violence order, between 8.30am and 9am on 10 March 2016 at Landgrove did knowingly contravene a restriction specified in an order.
The accused had attended the police station in relation to a domestic violence matter on 1 January 2016.
A final order was made for an Apprehended Domestic Violence Order in the following terms:
- the defendant must not assault, molest, harass, threaten or otherwise interfere with the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship.
- the defendant must not engage in any other conduct that intimidates the protected person(s) or a person with whom the protected person(s) has/ have a domestic relationship.
- the defendant must not stalk the protected person(s) or a person with whom the protected person(s) have a domestic relationship.
- In addition the defendant must not approach the protected person or any such premises or place at which the protected person from time to time reside or work within 12 hours of consuming intoxicating liquor or illicit drugs.
- Not to enter or not to go within 100 metres of the premises at which the protected person may from time to time reside or work, or other not to enter the specified premises of : 1 Park Street, Landgrove.
- Not to enter McDonalds or go within 50 metres of this area
On Saturday 3 March 2016, Police attended the address of 1 Park Street, Landgrove in order to make an enquiry.
During the conversation with the accused’s grandmother, police asked in relation to the whereabouts of the accused.
The accused’s grandmother (victim) stated he was not home.
All too often in cases of domestic violence with intimidation a factor,the victim is often too scared to speak up against the perpetrator.
Police heard some noise in the house, after a short line of questioning as to what the noise was, the accused presented himself to the front door.
The accused has breached the second bail condition bestowed upon him by the court, being that he may not be at that specified premises.
The accused now stands before the court.