H was accused of groping a woman’s vagina, over her clothing, in a crowded night club. The complainant immediately informed a friend and pointed out the accused to bouncers who in turn pointed him out to police.
The accused was present at the club that night and had been drinking heavily. He could not remember assaulting the complainant and believed that he would never do that sort of thing. Upon his arrest, he told the police immediately that they had got the wrong person.
He was charged with Indecent Assault.
The matter was booked in for a contested hearing. Josh Taaffe was to appear for the accused at the Melbourne Magistrates’ Court and conduct a defence leading good character evidence about the accused and challenging the police as to whether they had arrested the proper person. The accused faced a strong case because of the certainty of the complainant and her immediate comment to her friend.
Josh Taaffe and H decided to seek a sentence indication from the presiding magistrate who indicated that she would not convict the accused if he pleaded guilty and would place him on a good behaviour bond. It was considered that a plea of guilty where H could not clearly remember the night would be highly indicated of remorse and a desire to take responsibility for his behaviour. The accused did not want to force the complainant to give evidence where he could not positively remember the evening. H pleaded guilty and was placed on a good behaviour bond and required to make a donation to charity.
Good behaviour bond without conviction.
Quote: It was the best outcome for everyone.
As an instructing solicitor Josh has specialised in handling complex matters, such as murder and terrorism trials, including State and Commonwealth Supreme Court trials. Josh is an Accredited Criminal Law Specialist.
Visit Josh’s profile to read more about his background and experience. You can also find him on Google+.
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