Indecent Assault – Accused With Dementia

This is a case of Indecent Assault involving an accused with dementia.
The incident happened on a train wherein our client was said to have indecently assaulted a young woman on a train.
Hester Kelly acted on the client’s behalf at the Melbourne Magistrates’ Court on the charges of:

Following an initial conference and discussions with the client’s family, we obtained instructions to have the client assessed by a neuropsychologist. He was diagnosed with dementia and the report indicated that he did not have normal control over his functioning and decision-making.

It must also be noted that at 72 years of age, our client was without priors and had led an otherwise blameless life.

We had the matter referred into the Assessment and Referral Court list where the magistrates’ and court staff have specialised training to deal with accused persons suffering from a variety of mental impairments, such as a person accused of Indecent Assault but who is suffering from dementia.
The police made an application to withdraw all the charges and the magistrate ultimately marked them as withdrawn and struck out.

Hester KellyHester Kelly

Hester is based at our Melbourne office and was admitted to practice in 2014. She previously worked as an Associate to Judge Howard in the County Court of Victoria and was also a solicitor advocate at another Melbourne criminal law firm before becoming a member of Doogue + George.

Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.

View Hester Kelly’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 20/04/2017