5 December 2024

Michael McGoogan found not guilty of two charges, but guilty of one charge

| Albert McKnight
ACT Law Courts

The matter was heard in the ACT Magistrates Court. Photo: Michelle Kroll.

CONTENT WARNING: This article may distress some readers.

Michael James McGoogan has been found not guilty of an alleged assault as well as of claims he resisted police, but he has been found guilty of a second assault charge.

The 37-year-old was handed two counts of assault occasioning actual bodily harm over alleged incidents on 13 and 19 April 2024, as well as one count of resisting a territory public official over allegations during his arrest on 19 April.

He pleaded not guilty to the three charges and the matter proceeded to a hearing in the ACT Magistrates Court this year, during which much of the evidence was legally suppressed.

On Wednesday (4 December), Magistrate Robert Cook found McGoogan not guilty of assault occasioning actual bodily harm over the incident on 13 April, but guilty of the statutory alternative, which is the lesser charge of common assault.

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Magistrate Cook then dismissed the charges of assault occasioning actual bodily harm and resisting a territory public official over the allegations from 19 April.

The magistrate said he was not satisfied McGoogan had engaged in conduct that amounted to assault. He also said nothing during his arrest could amount to resisting or obstruction, nor had he been aggressive or violent.

McGoogan’s sentencing for the common assault charge has been scheduled for later this month.

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