This is a case study on sexual assault of a child under 16 in Melbourne. Multiple charges were filed against our client involving a total of three offences. Lachie Davine acted as the client’s criminal defence lawyer and successfully secured a not guilty verdict.
What is alleged to have occurred?
Our client was charged with 8 charges of sexual assault of a child under 16, one charge of sexual penetration of a child under the age of 16 and two charges of produce child abuse material. The allegations were that our client sexually abused their niece on several occasions within the confines of the family home. This was alleged to have occurred over the span of a few months and the complainant complained to a teacher at her school who reported the matter to police under mandatory reporting regulations.
The client made strong denials in their interviews with police. The matter was initiated at Court at which time the client entered a plea of not guilty.
What happened at court?
In preparation of this matter, we worked closely with the client to reconstruct the period of time over which the sexual assault of a child under 16 in Melbourne was alleged to have taken place. It was important to narrow the windows of opportunity the offending could have taken place and demonstrate instances where the complainant’s account could not be accurate.
Understanding the personal characteristics and life events of the complainant is also useful in trying to uncover a possible motive to lie. This was a complex matter by virtue of the voluminous material obtained after issuing subpoenas to various organisations that had provided care to the complainant. The purpose of this was to ascertain the precise circumstances under which the complainant’s complaint had surfaced and to identify issues in the evidence that were not readily apparent from the prosecution case.
When running a trial, we work with a skilled Counsel who are selected for the particular skill set the case required. Our aim was to establish reasonable doubt in the prosecution case. This is done through cross-examination of witnesses and through other pieces of evidence that we provide to the jury to advance our alternative case theory and undermine the credibility and reliability of the complainant. We also subpoenaed our own witnesses who gave evidence in support of the complainant’s tendency to make false allegations.
Whilst the complainant gave evidence in accordance with her two previous statements, through effective cross-examination and preparation of the case, we were able to demonstrate the inconsistencies and weaknesses in her evidence and presented the jury with a reasonable alternative theory. We invited the jury to question her credibility and reliability as a witness.
What was the result of this case of sexual assault of a child under 16 in Melbourne?
At the conclusion of the trial, the jury found that our client was not guilty of all charges.
This was an exceptional outcome given the life-changing consequences at stake for the client.
Lachie Davine
Lachie is experienced in a broad range of criminal matters including serious indictable crimes. He has extensive exposure to the County Court’s specialist lists including Koori Court, Drug & Alcohol Treatment Court, and bail services including the Court Integrated Services Program (CISP).Lachie strongly believes that rehabilitative interventions as part of criminal proceedings should be holistic in nature.
View Lachie Davine'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 13/03/2025
