Discontinuance Application Where Complainant is Not Available

Discontinuance ApplicationThis is a case study on discontinuance application where complainant is not available.

Our client was charged with Aggravated Burglary, Sexual Assault, and Sexual Assault by Compelling Sexual Touching. It was alleged that our client returned to the complainant’s address after having driven her in a taxi a month earlier. It was alleged that he opened the door and let himself inside the house whilst the complainant was standing at the door and that he then sexually assaulted her.

The complainant was cross-examined at a contested committal along with the informant. Subsequent to the committal, she passed away. The prosecution proposed to adduce her evidence by way of her police statement and the transcript of the committal cross-examination pursuant to s65 of the Evidence Act 2008.

Amelia Ramsay acted on the client’s behalf with Joshua Taaffe as Counsel.

We filed a discontinuance application with the prosecution seeking to have the charges against the client discontinued. We argued that there was no reasonable prospect of conviction in the circumstances of this case. Furthermore, the prosecution of our client was not required in the public interest where the complainant is not available to give evidence at trial.

The prosecution considered our application and agreed to discontinue the matter. This was an excellent result for our client, and is certainly for a case of a discontinuance application where complainant is not available. Our client not only avoided a trial but had the charges against him dropped.


Amelia RamsayAmelia Ramsay

Admitted to practice in 2013, Amelia performs her work with care and professionalism ensuring clients understand the Court process, their charges and that they receive the best possible outcome.

Since joining Doogue + George, Amelia has represented clients in a broad range of indictable offences including, manslaughter (one-punch laws), foreign incursion and terrorism related offences, importation of drugs, cultivation of drugs, and sexual offences. Her work has included trials in the County and Supreme Court, plea hearings and contested committals as well as appeals to the Court of Appeal. Amelia works closely with barristers including briefing Queen’s and Senior Counsel. Amelia also appears regularly at the Melbourne Magistrates' Court and suburban courts as a solicitor advocate.

Check out Amelia's profile to know more about her legal background and specialisations.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 14/11/2017