SEXUAL ASSAULT, INDECENT ASSAULT, JURY TRIAL

Case Study –

Criminal Lawyers Sydney and Parramatta Offices

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

Nyman Gibson Stewart

Criminal Lawyers

Griffith District Court

Represented by Solicitor: Chaddy Mardini

Facts: Client charged with sexual assault and one count of indecent assault.   Complaint was made by the alleged victim to a number of people shortly after the alleged incident including her mother and school counselor. Crucial to the prosecution case was an eye witness to the sexual assault, who was charged with concealing an indictable offence (the sexual assault in question). The eye witness pleaded guilty and received a suspended sentence for concealing the offence in return for giving evidence against our client.  

The victim, eye witness, mother and school counselor all gave evidence at trial. The accused did not give evidence at trial and relied on an Interview with police given after arrest denying any involvement in the sexual assault.

The issue was that the client believed that the victim, mother and eye witness had an ulterior motive and wanted to ‘set up’ the accused due to a genuine hatred of him.

Result: Not guilty on all counts. 

At trial, there were a number of significant inconsistencies between the version of the victim and the eye witness – supporting the argument that the allegations were fabricated.  

Sexual Assault is a particularly serious charge that carries consideration of a standard non-parole period of time in prison upon a finding of guilt. Expert legal assistance should be obtained.

The client’s solicitor, Chaddy Mardini is based at the Parramatta Office of Nyman Gibson Stewart.

 

 

 

 

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