Incest and Indecent Act With Child Under 16 – Not Guilty, Discontinued

This is a case study on charges of Incest and Indecent Act With Child Under 16 resulting in a not guilty verdict and discontinuance.

What is alleged to have occured?
Our client was charged with sexual offences against his daughter and his granddaughter. The offences against his daughter were said to have occurred in the 1980s. The offences against the granddaughter were alleged to have been more recent.

What happened at court?
The case was heard at the La Trobe Valley County Court.

The matter proceeded to trial and after legal argument, we succeeded in having the trials separated. The first trial where the granddaughter was the complainant proceeded. This was instructed by Amelia Ramsay; and Joshua Taaffe (in-house counsel at Doogue + George) appeared for the client. The jury returned a verdict of not guilty.

What was the result?
After consideration by the Office of Public Prosecutions, a crown prosecutor determined not to run the second trial involving our client’s daughter and the charges were discontinued. This was a good result especially for a case involving sexual offences such as Incest and Indecent Act With Child Under 16.

Elements of Incest:
  • The accused must have taken part in act of sexual penetration with another person.
  • The sexual penetration must have been intentional.
  • The parties must have been in a prescribed family relationship.
  • The accused must have known about that relationship.
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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.

View Amelia Ramsay’s profile.
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 02/08/2018