The complainant on this case was a child at the time of the offending and the allegations raised with the Police occurred 40 years after the offence date. Dates of offences were said to have been fixed by reference to the complainant’s father’s diary.
The allegations against our client were 4 counts of indecent assault said to have occurred in the late 1970s and early 1980s.
Andrew George represented our client at the Melbourne Magistrates’ Court for the following charges:
- Indecent Assault of Child
- Unlawful Assault of Child
- Indecent Assault
Historic sexual offending is difficult to defend due to the passage of time and lack of specifics to the allegations. However, after a two-day trial in the Magistrates’ Court, all charges against our client were dismissed and costs were ordered against the Police. This case and the finding of not guilty illustrate the importance of detailed preparation. Its success was, in great part, due to our ability to point to inconsistency in the Prosecution case and between the Prosecution witnesses.
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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 25/02/2013