Not Guilty Verdict for Assault With Intent to Commit a Sexual Offence in Victoria

This is a case study with a “Not Guilty” verdict in a recent contested hearing in the Magistrates’ Court at Melbourne for assault with intent to commit a sexual offence in Victoria. Specifically, our client faced:

• One charge of assault with an intention to commit a sexual offence; and
• One charge of common assault.

What is alleged to have occurred?

The allegations were that our client assaulted a young female with a disability with the intention to take part in a sexual act with her. This was alleged to have occurred in the workplace in a busy shopping centre.

The complainant complained to her guardian and people she confided in and the matter was then reported to police.

Our client made firm denials in their interview with police. They were charged with the relevant offending despite the denials. Soon after, our client formally pleaded not guilty to the charges.

We took over carriage of the matter when the matter had already been to Court for several listings. It had not been meaningfully progressed prior to our involvement.

What happened at court for the charge of assault with intent to commit a sexual offence in Victoria?

Lachie Davine acted on our client’s behalf at the Melbourne Magistrates’ Court.

The complainant and key witnesses who the allegations had been reported to were cross-examined at Court. One central focus of this was identifying the many inconsistencies between the complainant’s initial allegations made to her support personnel and those ultimately made to police in her formal recorded statement, some months later.

The clear forensic disadvantage our client suffered by reason of the delay in the police investigation was scrutinised during cross-examination of the Informant (the police officer in charge of the investigation).

Further, various witnesses were called on behalf of our client to demonstrate our client’s exemplary character in the community. This involved evidence regarding our client’s general standing in the community together with observations of their behaviour and interactions with young females. This was significant in the Magistrate’s assessment of our client’s denials and the evidence they gave.

Ultimately, our aim was to establish that a reasonable doubt existed in relation to the allegation of assault with intent to commit a sexual offence in Victoria.

What was the result?

We were able to demonstrate in cross-examination of various witnesses the inconsistencies and weaknesses in the complainant’s account and implausibility of the alleged acts having been committed.

This invited the Magistrate to question the complainant’s credibility and reliability as a witness and the circumstances in which the complaint was made to Police.

At the conclusion of the contested hearing, the Presiding Magistrate found that our client was not guilty on both of the charges.

This was an exceptional outcome given the life-changing consequences at stake for our client, noting the maximum penalty of 15 years’ imprisonment and mandatory Sex Offender Registration for 8 years for the head charge.

Lachie Davine

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 21/11/2025