Discontinuance for Rape and Unlawful Assault
Dee Giannopoulos acted on behalf of the client at the Melbourne County Court.
Any sexual assault was categorically denied by the client. He had a more reliable memory of events that took place on the night of the alleged offending and the days following it; and he instructed us that any acts which did take place were wholly consensual. Hence the client contested all the charges and a plea of not guilty was submitted to the court.
Prior to the committal hearing, we were able to go through the brief and the client provided us instructions about the surrounding circumstances relied upon by the complainant. We were starting to see a pattern emerge where the material the complainant was relying upon in support of her charges, were not being corroborated by other available evidence and other witnesses. This was explored at the committal hearing and many inconsistencies in the evidence before the court at the committal were revealed. The complainant also gave evidence that there were more witnesses who could provide statements to corroborate her evidence. The Police pursued that line of enquiry and, as it turned out, the statements that were provided to Defence had further inconsistencies to the complainant’s version of events. The Prosecution were advised of these inconsistencies by the Defence and further information was constantly sought leading up to the trial.
This is an amazing outcome for our client. Had the trial proceeded and he been found guilty by a jury, he would have received an immediate term of imprisonment. Now our client can move on with his life.
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 06/03/2017