Steven Mercael, Principal Lawyer at Criminal Lawyers Group, secures not guilty verdicts in serious assault case involving workplace altercation.
A man charged with Reckless Causing Grievous Bodily Harm and Assault Occasioning Actual Bodily Harm following a violent confrontation at his place of work has been found not guilty of both charges at Parramatta Local Court, thanks to the skilful defence strategy of Principal Lawyer Steven Mercael.
The Allegations: Serious Workplace Incident
Police alleged that during a heated argument between co-workers, the accused punched another employee several times to the face, causing significant injuries, including two lost teeth and facial swelling.
Following the incident, the man was arrested and charged with:
- Recklessly Causing Grievous Bodily Harm under Section 35(2) of the Crimes Act 1900 (NSW), and
- Assault Occasioning Actual Bodily Harm under Section 59(1) of the same Act.
Both offences carry substantial custodial penalties, with the former punishable by up to 10 years’ imprisonment.
Defence Strategy: Self-Defence and Workplace Context
At hearing, Mr Mercael developed a defence centred on self-defence and contextual workplace dynamics, supported by medical evidence, poor police investigation and inconsistencies in the complainant’s account.
“The prosecution’s case relied heavily on one-sided witness statements and injury photographs,” said Mr Mercael. “But our detailed cross-examination exposed critical flaws — including that the complainant was the initial aggressor and that our client’s actions were an instinctive defensive response, not a deliberate or reckless assault.”
The defence cross-examined the police officers in charge of the investigation as well as the complainant focusing on the key issues. The court also heard evidence that our client had not punched the victim after he was knocked to the ground and also prevented another person from assaulting him. These actions were seen to be consistent with an act of self-defence and a reasonable response to the threat.
The Verdict: Not Guilty on Both Counts
After considering the evidence, the Magistrate found that the prosecution had failed to exclude self-defence beyond reasonable doubt. The court held that the accused’s reaction was a proportionate and reasonable response to an imminent threat.
Both charges — Reckless Causing GBH and Assault Occasioning ABH — were dismissed, with the accused leaving court without conviction. Further, the client was not required the $20,000+ worth of compensation the police were seeking.
Lawyer’s Comment
Following the decision, Mr Mercael said:
“This case highlights how critical it is to properly investigate all sides of a workplace altercation. Our client was placed in a dangerous and volatile situation and acted only to protect himself. The Court’s verdict reflects that fairness and justice prevailed.”
Facing Serious Assault Charges? Get Expert Legal Representation
Serious assault allegations — especially those involving workplace incidents or grievous bodily harm — can have devastating personal and professional consequences. But with strategic preparation and experienced legal representation, strong defences are available.
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