Anonymised case study

Partner-related injuries: insufficient evidence of their cause

A documented situation to understand the criminal process.

Judgment of acquittal examined; unverified firmness

The situation

In a trial for alleged intimate partner injuries, injuries and testimony were examined about an incident. The accused exercised their right not to testify.

What the decision records

The court found insufficient prosecution evidence to attribute the injuries as alleged. After examining the limits of indirect witness accounts, it acquitted and provided for lifting the investigation’s interim measures where appropriate.

What this helps explain

Silence is a right and does not prove guilty. The existence of injuries and the evidence of their cause are different issues; insufficient evidence in this process does not show that a complaint is false.