Edward Joyce was charged with 2 counts of domestic violent assaults at the Sydney Downing Centre on Wednesday 29th of March. Mr Joyce’s ex girlfriend accused him of attacking her after finding out he had been cheating. Magistrate M Greenwood later dropped the charges under s61 of the Crimes (common assault prosecuted by indictment) Act 1900, as she was not convinced beyond reasonable doubt.
On December 10th, 2016 police received a distressing call from Miss Adrian Cass accusing her boyfriend of grabbing her from behind and throwing her to the ground. Miss Cass told police this wasn’t the first time this had happened, though she had not reported previous incidents. Although there were no physical injuries except a small abrasion on the wrist, …show more content…
Exhibited evidence of Facebook and text message conversations was provided. He admitted he was cheating on her, but he had told Miss Cass to leave on multiple occasions throughout their 3-year relationship. Mr Joyce admits to pushing Miss Cass though in an act of self-defence to protect his property, he then took her apartment key to which he claims she said, “give me the key or I’m calling the police”. Mr Joyce appeared emotional and admitted “She was wild, crazy, it’s almost like I had to negotiate her leaving me alone.”
Magistrate Greenwood ruled a Murray direction to which Constable Grant’s statement was heavily scrutinised. As a result charges under s61 of the Crimes (common assault prosecuted by indictment) Act 1900 were dropped, as she was not convinced beyond reasonable doubt that the defendant had broken this law.
S418 of the Crimes (self defence when available) Act 1900 states “A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.” Magistrate Greenwood stated, “The self defence conduct performed was a reasonable response to the circumstance” The defendant pleaded not guilty and all charges were
On December 10th, 2016 police received a distressing call from Miss Adrian Cass accusing her boyfriend of grabbing her from behind and throwing her to the ground. Miss Cass told police this wasn’t the first time this had happened, though she had not reported previous incidents. Although there were no physical injuries except a small abrasion on the wrist, …show more content…
Exhibited evidence of Facebook and text message conversations was provided. He admitted he was cheating on her, but he had told Miss Cass to leave on multiple occasions throughout their 3-year relationship. Mr Joyce admits to pushing Miss Cass though in an act of self-defence to protect his property, he then took her apartment key to which he claims she said, “give me the key or I’m calling the police”. Mr Joyce appeared emotional and admitted “She was wild, crazy, it’s almost like I had to negotiate her leaving me alone.”
Magistrate Greenwood ruled a Murray direction to which Constable Grant’s statement was heavily scrutinised. As a result charges under s61 of the Crimes (common assault prosecuted by indictment) Act 1900 were dropped, as she was not convinced beyond reasonable doubt that the defendant had broken this law.
S418 of the Crimes (self defence when available) Act 1900 states “A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.” Magistrate Greenwood stated, “The self defence conduct performed was a reasonable response to the circumstance” The defendant pleaded not guilty and all charges were