Client charged with common assault arising from soccer pitch punch of larger, older opponent. Complainant claimed that after both players had fallen fighting for the ball, the client stood up and punched him from behind, giving him a black eye. This version was corroborated by the referee.
Held: Defence provided large number of witness statements by fans who corroborated the client’s version of events. Client maintained that as he tried to stand up the complainant grabbed his leg aggressively and would not let go and was trying to get up. In the mind of the client he was about to be attacked. Crown withdrew charge as persuaded that there was no reasonable prospect for conviction given defences ranging from consent to defence of sport to self-defence all appeared plausible.