NSW Alleged victim under influence of Acid & Alcohol

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New Member
21 March 2021
G'day all,

I am looking to understand how/if a statement by a alleged victim can be questioned in a NSW court, as at the time of the statement they (he) was heavily under the influence of alcohol as well as the hallucinogenic drug 'ACID'? + Any cases where this has happened please.

Events: My flat-mate Male, 51 and myself were drinking on the balcony all afternoon (police statement says from 1.30pm - 10pm), chatting & in good nature. The evening moves on, and the flatmate takes a tab of 'ACID' (this is admitted to police by alleged victim). 30 minutes later the ACID trip started to take effect on alleged vicitm, the vibe/personality of alleged victim changes and a fight breaks out.

In short, during the fight I was grabbed (first I did not initiate fight), and thrown back, falling over a table and landing on my back. Once I got back on my feet, I was grabbed again, we wrestled/fought for 30 seconds, where during this time I grabbed his face with an open palm, to push him back. We both fell over on the grouns & it ended.
I went down stairs (we shared multi-level duplex with separating middle door) thinking no more would be done till morning, I was not contemplating calling police myself. Though, flatmate calls police, tells quite a long winded story that I tired to kill him, and the police who arrest me.

Charges: i) Actual offence - Assult occasioning actual bodily harm (DV) T-2...... ii) Actual offence - Stalk/intimidate intend fear physical etc harm (domestic) -T2...... iii) Actual offense - Assault occasioning actual bodily harm (DV)-T2.

Flatmate gave statement, whilst I was put in the back of a Police Wagon and taken to a cell. - I have had no chance to give a statement.

I pleaded innocent, as I did not initiate the fight, I was initially thrown backwards, and grabbed again when I got to my feet. The alleged victim has a mark above his eye, where I have needed to push his face to get him away from me. Other than a light pinkish scrape, there were no visible marks on his body or face.

Also notable is that as there is an 'ADVO' I am not allowed to live at the residence or attend residence without Police.

On the night the alleged victim threw a number of my items outside (I guess to signify I did not live there anymore, he is the landlord and he is on acid so who knows what he was thinking) damaging a number of them, such as clothes and a computer, though left/forgot some business related items were in another room ( I own an iPhone repair business). 7am the next morning family members attended the residence to pickup items outside. The following day, I received a text stating I would need to pay money before I was allowed access to business items & was denied access for 1 week (I have since attended residence with police and have the items). - Not sure if is relevant, though I have evidence of texts and claims. To gain access to premises, I had to get an order from NCAT.

I was looking to receive any information regarding alleged victims statement being thrown out as they admitted hallucinogenic drug taking resulting in heavy 'tripping', and heavy intoxication (admitted in statement) of alcohol? Also any thing relevant shared will be greatly appreciated & treated like knowledge gold!

NB: I have zero criminal history, zero charges previously and have adhered to the conditions set in the Bail 100%.

Thank you in advance!