Steven Mercael, Principal Lawyer at Criminal Lawyers Group, secures two not guilty verdicts in contested assault hearing.
A man facing two assault charges after an altercation involving his friend and the friend’s partner has been found not guilty at Burwood Local Court, following a carefully strategised defence by Principal Lawyer Steven Mercael.
The 32-year-old was charged with two counts of common assault under Section 61 of the Crimes Act 1900 (NSW) after police alleged he slapped a woman and later pushed her partner during a dispute at a private home in Sydney’s Inner West.
Police Allegations: Slap and Push During Heated Incident
Police alleged that during a verbal confrontation, the man slapped the woman across the face, causing visible redness. It was further alleged that he then pushed her partner during the same incident. Officers attended the scene, recorded statements from the complainants, and arrested the accused.
A provisional Apprehended Violence Order (AVO) was also issued, and the man was formally charged with two counts of common assault, each carrying a maximum penalty of 2 years’ imprisonment.
Defence Strategy: Self-Defence and Fresh Witness Evidence
At hearing, Principal Lawyer Steven Mercael focused on the issue of self-defence, rather than a simple denial of the events. While the client denied slapping the woman, photographs showed redness on her face consistent with a slap, making a denial-only approach potentially less effective.
“Despite our client’s denial, the photographic evidence showed what appeared to be slap marks,” Mr Mercael said. “The legal strategy was to focus on what caused that response — namely, that our client was assaulted first and acted in self-defence. Whilst there was a possibility of a slap in that motion it was not intentional but a result of our client instantly and almost simultaneously reacting to an aggressive assault by the complainant”
In support of this, the defence called an independent witness — someone present at the scene who was not interviewed by police. Under oath, the witness gave evidence supporting the defence’s version of events, including that the client was physically grabbed first by the male complainant and also that he was assaulted by the female complainant first.
Outcome: Not Guilty on Both Counts
The Magistrate ultimately found that the prosecution had failed to exclude self-defence beyond reasonable doubt. Both common assault charges were dismissed.
Lawyer’s Response
Speaking after the judgment, Mr Mercael said:
“This case demonstrates the importance of careful forensic decisions and the value of calling evidence the police chose not to investigate. The court accepted that our client was not the aggressor — and that’s exactly the right outcome.”
Charged With Assault? Don’t Face Court Alone.
Assault charges — especially those involving multiple complainants — can carry serious legal and reputational consequences. But with the right legal defence, there are clear pathways to success.
At Criminal Lawyers Group, we provide strategic, evidence-based defences for common assault, AVOs, and domestic-related charges.
📞 Call us now on 8815 8177
📧 Email: info@criminallawyersgroup.com.au
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Let Steven Mercael and our expert team stand beside you from charge to acquittal.