SEXUAL ASSAULT AND INDECENT ASSAULT – TRIAL - JURY

Published 24 Oct 2011

Case Study –

Criminal Lawyers Sydney and Parramatta Offices

Criminal Matter – Criminal Offence - Sexual Assault And Indecent Assault – Trial - Jury

Nyman Gibson Stewart

Criminal Lawyers

Parramatta District Court

Represented by Solicitor: Jasmina Ceic 

Facts: Client was prosecuted for the offence of sexual assault, 2 counts of indecent assault and one count of intimidation. By issuing strategic subpoenas, we were able to obtain evidence throwing serious doubt on the complainant’s credibility in relation to the complaint. 

Result: The Jury returned a verdict of not guilty in favour of our client after a Prasad direction – where the evidence was so inherently weak that the Judge reminded the jury of their right to return a verdict of not guilty if they believed that no further evidence need be heard to reach a decision.  The jury readily returned a not guilty verdict and it was not necessary for our client to even give evidence.  Prasad directions are rarely given.

The maximum applicable penalty was 14 years imprisonment and standard non parole periods may apply where a person is found guilty of this type of offence at trial.

*Jasmina Ceic is a senior lawyer at Nyman Gibson Stewart and regularly appears in District Court trials on matters such as this as well as other serious criminal matters.