Sexual Assault and Detain for Advantage Charges Dropped
Our client is a 36-year old tradesman from North Western Sydney.
He was at a hotel in the Sydney CBD when he entered into a conversation with a 25-year old female.
Both had already been drinking, and they drank a number of further alcoholic drinks together, before catching a taxi together to our client’s apartment.
While there, the female exchanged text messages with a female friend to the effect that everything was ok and for her friend not to worry.
The next morning, the complainant sent further text messages to her friend to the effect that she had been forced into having sexual intercourse.
She left our client’s home, met her friend and they both attended a police station where a formal complaint of sexual assault was made. In the complaint, the woman alleged that the pair were drinking on a couch at our client’s apartment when he forced himself on her and had non-consensual sexual intercourse with her. She claimed she had stated ‘no’ several times and attempted to ‘fight off’ our client.
The complainant attended a hospital during which an examination was performed and samples taken.
Police attended the home of our client several days later where they arrested him, placed him in custody and conducted an interview during which our client was adamant the sexual intercourse was consensual.
Police nevertheless charged our client with one count of sexual intercourse without consent (also known as ‘sexual assault’) under section 61I of the Crimes Act 1900 (NSW) and one count of detain for advantage under section 86 of the same Act.
They refused him bail at the police station and we made a successful application in court the very next day.
Based on our client's instructions, we quickly subpoenaed CCTV footage from the hotel and from our client’s apartment complex, and managed to track down and obtain in-car footage from the taxi they took to our client's premises– all of which were highly suggestive of the complainant being a willing participant in the events leading up to the pair entering our client’s unit.
We also relied on photographs of our client and the complainant which showed no evidence of any struggle.
We wrote detailed ‘representations’ to the DPP – who eventually took the case over from the police – to the effect that neither of the offences could be proved beyond reasonable doubt on the admissible evidence available. Representations are a formal letter requesting the withdrawal of charges.
We followed up our representations with extensive negotiations with the DPP, after which both of the charges against our client were withdrawn, saving our client the stress, expense and potential risk of a lengthy District Court jury trial.
Yet Another AVO Dismissed and Costs Awarded in Favour of Our Client
The Presiding Magistrate in Hornsby Local Court has dismissed the AVO brought against our client
by his neighbour, and then ordered him to pay our client's legal costs.
Our client and the applicant are next door neighbours in the northern suburbs of Sydney. They have been engaged in various disputes for over 4 years.
The applicant alleged that our client had "harassed and intimidated" him and his partner "at least 15 times" over a one-month period by "prying" on them, "making videos" and "using abusive language" both in-person and in text messages.
team prepared transcripts of all text messages, obtained relevant videos and arranged transcripts of those videos, gathered photographs and prepared witness statements - all of which undermined the applicant's version of events.
The case ultimately reached a defended hearing wherein it became abundantly clear during the applicant's lengthy cross-examination that he was primarily responsible for escalating the disputes, not our client.
The Presiding Magistrate was scathing in her criticism of the applicant as she dismissed his case and ordered him to pay our client's legal costs in full.
Assault Charges & AVO (domestic violence related) Dropped
Police have withdrawn the charge of Reckless Wounding and AVO (domestic violence related) against our 26 year old client after our defence team prepared two detailed sets of written submissions requesting withdrawal and pushed relentlessly for the case to be dropped.
The charge and AVO arose from an incident on 17th May 2014 when our client stabbed her partner in the leg with a 20cm long kitchen knife causing a large open wound requiring hospitalisation and sutures.
Our client maintained that her actions were undertaken in self defence after her partner threw a mug and then advanced upon her.
The case was scheduled to go to a defended hearing in Hornsby Local Court, but police have decided to drop the charge and the AVO rather than pursue the case in court.
Our client is now spared from the stress and expense of defended proceedings.
It is yet another example of 'domestic violence-related' charges being dropped through hard work and perseverance.
Drug Charges Dismissed Due to Illegal Search
The Presiding Magistrate in Hornsby Local Court dismissed drug possession charges against our 21 year old client from Wahroonga who was stopped and searched in a Pennant Hills carpark.
Police approached our client claiming he appeared to be 'acting suspiciously' by standing outside his car with a friend in an unlit area.
As usual, police alleged that our client appeared 'nervous' and 'agitated' and that he could not adequately explain why he was there.
They searched him and found 4 ecstacy tablets and a small amount of cannabis in resealable bags in his pocket.
The Magistrate found that this was not enough to ground a 'suspicion on reasonable grounds' and ruled the search to be illegal.
The evidence was then excluded and both charges were dismissed.
Speed Camera Case Thrown Out of Court
The Magistrate in Hornsby Local Court upheld our 36 year old client's court election against a LIDAR-detected ticket for speeding
by more than 15km per hour on Pennant Hills Road, Pennant Hills.
Police issued the ticket based upon a reading from the hand-held device just after 3.45pm on a weekday.
Our client was adamant that he was not speeding and wished to dispute the ticket.
A photo served upon our office shortly before the hearing date supported our client's instructions that there was heavy traffic at the time and it could have been another vehicle that was speeding.
He gave evidence to that effect on the witness stand, and the Presiding Magistrate ultimately accepted our submissions that the reading could have been for a vehicle that was in the lane beside our client's or could otherwise have been inaccurate due to the number of other vehicles on the road at the time.