- Domestic Violence cases
- How the police consider evidence
- The case below demonstrates a typical domestic violence scenario
- The home is closed off to the public and 2 people in a relationship start to argue, start to fight and someone gets hurt.
- The victim then reports the matter to the police and the police take photographic evidence.
- The photos used will be used in court to prove the case against the accused.
- Our advice is to look at the photos, and also take your own photos because police never take photos of the accused.
The accused is currently unemployed and receives $500 per fortnight from Centrelink. The accused has no dependants.
The victim and the accused were married in America in 2011 and have since moved to Australia. As a result of their relationship, they have no children. They both currently reside at the Parade.
About 2.40pm on Monday 2016 the victim and the accused were involved in an altercation which resulted in the accused being arrested and conveyed to Police Station. As a result, a provisional apprehended violence order was granted and served, listing the accused as the defendant and the victim as the Person In Need Of Protection (PINOP). The order lists the following conditions:
1a – 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. 1b – 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. 1c – The defendant must not stalk the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship.
About 10.30pm on Monday 2016 the victim had returned home from the gym and attempted to enter his bedroom however the accused would not allow him. As a result, the victim sat on the lounge where he began to take his shoes off. As he took his right shoe off, he felt a sudden pain to the left side of his head. The victim turned around and observed the accused standing over him with a closed fist. At this point, they became involved in a scuffle. The accused has then used her right closed fist and punched the victim in the stomach.
The accused reached over the victim’s shoulders and pulled back his shirt over his head forcing him to the ground and onto his knees. The accused began to repeatedly kick at the victim’s chest and stomach area causing immediate pain. Whilst doing this the accused was screaming ”Hit me, hit me, I just need you to hit me. That’s all I need from you. I’m going to make sure you get sent to prison”.
The accused has then stood up and walked down the street where he has contacted Police.
Police attended and spoke with the victim who provided the above version of events. Police observed a scratch mark to the left side of the victim’s neck and a fresh scratch mark to the victim’s upper left bicep.
The accused was arrested, cautioned and conveyed to Fairfield Police station where she was introduced to the custody manager and read her rights under Part 9 of LEPRA. The accused was offered the opportunity to be electronically interviewed which she declined.
Police have arranged for the victim to attend Fairfield police station where a statement and photographs of his injuries were obtained.
The accused is charged with the matters now before the court.