False Domestic Violence Assault Charge Dismissed and Legal Costs Awarded – Campbelltown Local Court

Background: Serious Domestic Violence Assault Allegation

Our client, a 25-year-old male, was charged with Assault Occasioning Actual Bodily Harm under section 59 of the Crimes Act 1900 (NSW).

The allegation was domestic violence related and was made by his former girlfriend, who was a serving NSW Police Officer at the time.

Assault Occasioning Actual Bodily Harm is a serious charge. It carries a maximum penalty of 5 years’ imprisonment and can result in significant consequences, including a criminal record, restrictions under an Apprehended Domestic Violence Order, reputational damage, and long-term impact on employment and personal life.

From the outset, our client strongly denied the allegation.

False Allegation Identified Early

The Complainant’s Account

The complainant alleged that she had been assaulted at the residence where our client lived with his family.

However, there was a major issue with the allegation: our client was not home on the night in question.

He maintained that the complainant had not attended the residence that evening and that he was with another person in a different suburb at the relevant time.

This case had similar defence themes to other matters involving false domestic violence accusations in NSW, where early evidence gathering becomes critical to disproving the allegation.

Early Defence Strategy: Alibi Evidence and Police Engagement

CCTV Evidence Obtained

Poppy Morandin from Australian Law Advocates acted quickly and engaged in early discussions with police.

As part of the defence strategy, CCTV footage from outside the home was provided to police. This footage showed that:

• The complainant had not attended the residence on the night alleged
• Our client was not present at the home at the relevant time
• The prosecution version was inconsistent with objective evidence

This was central to undermining the allegation and avoiding the need for a lengthy defended hearing.

The same principle applies in many domestic violence assault allegations: the prosecution case must be tested against objective evidence, not simply accepted because a complaint has been made.

Witness Statements from the Client’s Parents

In addition to the CCTV evidence, Poppy arranged for the client’s parents to provide statements to police.

These statements further supported the client’s position and assisted in establishing that the complainant’s allegation could not be correct.

The early preparation of this material was critical. In other defended domestic violence matters, such as our Not Guilty verdict in a domestic violence assault case at Liverpool Local Court, careful testing of the complainant’s account and police evidence was also decisive.

Charge and ADVO Withdrawn

Following the early engagement with police and the provision of the client’s alibi evidence, the prosecution position changed.

The result was significant.

✅ The Assault Occasioning Actual Bodily Harm charge was withdrawn and dismissed
✅ The associated Apprehended Domestic Violence Order was withdrawn and dismissed
✅ Our client avoided a criminal record and the ongoing burden of an ADVO

This meant that the matter was brought to an end without the need for a defended hearing.

For broader examples of dismissed and defended domestic violence outcomes, see our domestic violence defence lawyer results and criminal defence results.

Complainant Charged With False Statement Offence

Following the withdrawal of the charge against our client, the complainant was charged with one count of knowingly make false or misleading statement.

An associated ADVO was also put in place for the protection of our client.

This was a major development in the matter and reinforced the importance of early investigation, objective evidence, and proper scrutiny of domestic violence allegations.

False allegation cases require a different strategy from ordinary plea or sentence matters. They often turn on CCTV, electronic records, alibi witnesses, messages, hospital records, and inconsistencies in the complaint. This is why immediate legal advice is critical where someone has been falsely accused of domestic violence in NSW.

Costs Application Against NSW Police

Seeking Recovery of the Client’s Legal Fees

After the charge and ADVO were dismissed, Poppy Morandin made a costs application seeking recovery of the client’s legal fees.

Costs applications in criminal matters are not automatic. The Court must be satisfied that the relevant legal test is met, including whether the prosecution acted unreasonably in bringing or continuing the proceedings.

This was not just a case where the charge was withdrawn. It was a case where the defence argued the matter should have been properly investigated earlier.

Further Issues Revealed During the Costs Application

During the costs application, it was revealed that the complainant had claimed to have attended hospital because of her alleged injuries.

However, there were no hospital records supporting this claim.

This further undermined the reliability of the complaint and strengthened the argument that the prosecution had failed to properly investigate the matter before continuing the case against our client.

This kind of objective evidence issue is also relevant to broader assault charge defence in NSW, where the prosecution must prove the alleged assault beyond reasonable doubt.

Court Finds Prosecution Failed to Properly Investigate

The Court ultimately agreed that the prosecution had unreasonably failed to investigate the matter.

This was a significant finding.

The objective material, including CCTV evidence and the absence of supporting hospital records, showed that the case should not have proceeded against our client in the way that it did.

This outcome sits alongside other Australian Law Advocates results where early defence work changed the prosecution position, including Grievous Bodily Harm Charge Withdrawn in Byron Bay Local Court and Successful Self Defence Argument Led to Not Guilty Outcome for Domestic Violence in Mt Druitt Local Court.

Outcome: Charge Dismissed, ADVO Dismissed and Costs Awarded

The outcome was exceptional.

✅ The charge of Assault Occasioning Actual Bodily Harm was withdrawn and dismissed
✅ The associated ADVO was withdrawn and dismissed
✅ The complainant was charged with knowingly make false or misleading statement
✅ An ADVO was put in place for the protection of our client
✅ NSW Police were ordered to pay our client’s legal fees

This outcome not only cleared our client’s name but also ensured that he was not left to bear the financial burden of defending a charge that should have been properly investigated much earlier.

Why This Case Matters

Domestic violence allegations are treated seriously by police and courts, as they should be. However, serious allegations must still be properly investigated and tested against the available evidence.

This case demonstrates the importance of:

• Acting quickly after being charged
• Preserving CCTV or other objective evidence
• Obtaining witness statements early
• Engaging with police before a matter progresses unnecessarily
• Considering costs applications where prosecution conduct has been unreasonable

For our client, early evidence gathering made all the difference. Without CCTV, alibi evidence, and prompt legal intervention, he may have faced a lengthy defended hearing for an allegation that was ultimately shown to be false.

The result is also consistent with the broader approach shown across our domestic violence case results, where early evidence analysis, cross-examination, negotiations, and targeted legal submissions have led to charges being withdrawn, dismissed, or resolved without conviction.

Related Domestic Violence and Assault Case Results

For readers facing similar allegations, these related case studies may also be useful:

• Not Guilty Verdict Secured in Domestic Violence Assault Case – Liverpool Local Court
• Successful Self Defence Argument Led to Not Guilty Outcome for Domestic Violence in Mt Druitt Local Court
• Windsor Police Convinced to Withdraw Apprehended Domestic Violence Order After False Complaints Exposed
• Criminal Record Avoided for Assault Occasioning Actual Bodily Harm Charge – Manly Local Court
• No Conviction Recorded for Domestic Violence Assault and Property Damage Charges – Goulburn Local Court
• Multiple Domestic Violence and Property Charges Defended Successfully in Burwood Local Court

Tayla’s Insight

“False domestic violence allegations can have devastating consequences. This case shows why early evidence gathering is critical — especially where CCTV, alibi witnesses, or objective records can disprove the allegation before it goes any further.”

Charged With Assault Occasioning Actual Bodily Harm in NSW?

If you have been charged with Assault Occasioning Actual Bodily Harm, common assault, or another domestic violence offence, early legal advice is essential.

The team at Australian Law Advocates regularly defends clients facing serious domestic violence charges in NSW and assault charges in Campbelltown Local Court and across NSW.