The allegation and the evidence
Stellar Law defends assault, assault causing bodily harm, aggravated assault and other allegations of violence. The precise charge determines what must be established. The existence of an injury, for example, does not by itself answer who caused it, what occurred or whether a defence is available.
Rana and her team examine witness accounts, recordings, photographs and medical evidence. Comparing those accounts with the available records can reveal inconsistencies, missing context and issues that require further disclosure or testing at trial.
Self-defence and competing accounts
Self-defence requires a belief, based on reasonable grounds, that force is being used or threatened against the accused person or someone else. The act must be committed for a defensive or protective purpose and must be reasonable in the circumstances. The assessment includes the nature of the threat, the person's role in the incident, available alternatives and other relevant circumstances. Special rules apply where the force being resisted is used for law enforcement.
The client's account, relevant communications and available recordings help place the incident in context. What a witness could see or hear, whether an account has changed and whether a recording captures the full sequence may each matter. Preparation for cross-examination focuses on the reliability of the evidence and the issues the court must decide.
Release conditions and the continuing case
A criminal allegation can affect where a person may go and whom they may contact while the case is pending. We review the release document and advise on the restrictions that apply. Do not contact a complainant or witness in breach of a condition, even to explain what happened or try to resolve the disagreement.
The defence also requires a decision about negotiation or trial. We discuss the evidence with the Crown Attorney where appropriate, advise on the consequences of proposed resolutions and prepare the case for a contested hearing when required. Allegations involving a partner or former partner may create additional practical concerns addressed on our domestic assault page.
Discuss the Charge and Next Steps.
Keep the release papers, the next court date and any relevant material already in your possession. Early advice can help identify evidence that needs to be preserved and conditions that need clarification. We discuss the scope of representation and fees before you commit.
Questions About Representation
Do I need to be injured for self-defence to be considered?
No. The accused person does not have to suffer an injury for self-defence to be available. The test concerns a belief based on reasonable grounds in force or a threat against oneself or another person, a defensive or protective purpose, and an act that is reasonable in the circumstances. Whether the defence is available depends on the evidence and the applicable statutory requirements.
What if the allegation involves my partner?
Read the release terms carefully and obtain advice before making contact or returning to a location that may be restricted. Our domestic assault page explains how the defence and the practical effect of conditions are addressed together.