Assaulting Police and Wife while on ICE – NO CRIMINAL CHARGE

Over the course of multiple days, our client had been reported to have induced a large number of drugs including Methamphetamines. As a result our client had avoided coming home to his premises where his wife and children reside at.

Our client is alleged to have returned home some days later while still under the influence of drugs and suffering from the effects of a drug induced psychosis.

Upon entering the home, our client was in a fit of rage and began throwing a number of items around the premises.

Our clients wife began to fear for her and the childrens safety and has sought the assistance of one of their neighbours.

Assaulting Police and Wife while on ICE - NO CRIMINAL CHARGE

Our client began to accuse the neighbour of having an affair with his wife. Our client once again began to scream and grabbed a glass of water and poured it over her head.

Our client has grabbed his wife and the neighbour by the back of their necks and forced both to fall onto the bed of the room.

Our client then grabbed the neighbour by the arm and dragged him into the bathroom, pushed him in the shower and turned the water on, completely soaking him.

Police were called to defuse the situation. Whilst police spoke with our client, he became irate, pacing and yelling towards police. Our client then began to approach police and swing punches at them.

Police attempted to restrain our client , however multiple police officers struggled to contain our client.

Police drew and armed a taser and directed our client to sit down. Instead our client began to wrestle with police. Police attempted to taser our client twice to no avail.

Police eventually were able to gain control and place our client in handcuffs. While doing so our client started biting the hand of an officer.

The following day our client was conveyed to Day Street Police Station where he was arrested and charged with the following:

  1. Common Assault under Section 61 of the Crimes Act 1900.
    The Maximum Penalty for this offence is 2 years imprisonment and a fine of $5500. 
  2. Common Assault Domestic Violence Related under Section 61 of the Crimes Act 1900.
    The Maximum Penalty for this offence is 2 years imprisonment and a fine of $5500. 
  3.  Assault Police officer in execution of duty under Section 60(1) of the Crimes Act 1900.
    The Maximum Penalty for this offence is 5 years imprisonment.
  4. Resist Police under Section 546C of the Crimes Act 1900.
    The Maximum Penalty for this offence is 1 year of imprisonment and a $1100. 

    Police also imposed an Apprehended Violence Order (AVO) against our client which did not allow him to in anyway contact his wife and children. Facing extremely serious charges our client was desperate to find lawyers he can trust. Thankfully, he contacted Oxford Lawyers and retained Principal Solicitor and Accredited Criminal Law Specialist Mr Zemarai Khatiz.Mr Khatiz considered the circumstances of the offence and Lodged a Section 32 Application under the Mental Health and Cognitive Impairment Provisions Act 2020 (The Legislation is amended and is now a Section 14 Application). A Section 32 or 14 Application seeks to diverge criminal charges and instead the Offender is ordered to comply with a mental health care treatment and support plan.Mr Khatiz appeared at Downing Centre Local Court and Made compelling submissions to the Magistrate to allow the Section 32 Application to be granted. The Magistrate ultimately agreed that the best course of action is for Our client to continue seeing a Psychologist and follow their mental health care plan. As a result, of this decision Mr Khatiz was able to remove the AVO non-contact condition that was imposed on our client towards his Wife and Children.Our client was beyond grateful for the work Mr Khatiz and the team at Oxford Lawyers put in to make sure this result was possible. Our client does not have any of these charges against his criminal history and was able to reunite with his wife and children.If you want to reach the best resolution, you’ll want Oxford Lawyers on the job. For immediate assistance, please contact Mr Zemarai Khatiz and the Oxford Lawyers team.Call us on 0478 821 383 – 24 hours a day, 7 days a week!Oxford Lawyers – Criminal Lawyers Parramatta Located at 7/21 George Street Parramatta NSW 2150.
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