Criminal Offence – Aggravated Sexual Assault – Aggravated Indecent Assault – Aggravated Act of Indecency – Standard Non Parole Period – Jury Trial – Plea Bargain – Good Behaviour Bond – Sentencing Proceedings – Orange District Court
Published 24 Oct 2011
Case Study –
Criminal Lawyers Sydney and Parramatta Offices
Criminal Offence – Aggravated Sexual Assault – Aggravated Indecent Assault – Aggravated Act of Indecency – Standard Non Parole Period – Jury Trial – Plea Bargain – Good Behaviour Bond – Sentencing Proceedings – Orange District Court
Nyman Gibson Stewart
Criminal Lawyers
Orange District Court
Represented by Solicitor: Riyad El-Choufani
Facts: Client was charged with aggravated sexual assault. He was alleged to have had sexual intercourse with his partner’s sister without consent and whilst that person was under the age of 16. Our client had no criminal record and was well-regarded in the community. He was facing a maximum term of imprisonment of 20 years. If found guilty, he would inevitably have been sentenced to many years in gaol in excess of the Standard Non Parole period for this offence enshrined in our tough NSW legislation.
Our client pleaded not guilty and the matter proceeded to jury trial.
Result: Prior to the commencement of the trial and following extensive preparation, negotiations took place with the Crown prosecutor. The aggravated sexual assault charge was no billed (withdrawn and dismissed) upon charges of aggravated indecent assault and aggravated act of indecency being laid. We negotiated an agreed set of facts in which the offending conduct was far less serious than what our client was originally alleged to have committed. A plea of guilty was entered to the new charges. At the District Court sentencing proceedings, our client was placed on Good Behaviour Bonds for a period of 18 months. This was a remarkable result given the seriousness of the original allegations.
Riyad El-Choufani is based at our Parramatta office.