Sexual Offences – Successful Appeal Against Conviction

The client was charged with sexual offences relating to the kissing, touching and lingual penetration of a young relative.

He went to trial and during the trial the complainant gave evidence that was somewhat inconsistent. This was heavily criticised by the Defence. He was ultimately found guilty by a jury. The client was then sentenced to a long term of imprisonment of 6 years with a minimum of 4 years to serve before he became eligible for parole.

The client appealed both the conviction and sentence to the Court of Appeal. We represented him at the Melbourne Court Of Appeal.

One of the issues was that the trial judge made a number of comments to the jury during the charge that introduced new evidence in the trial and buttressed the Prosecution case.

This was unfair to the client as that evidence wasn’t capable of being tested by the defence and as a consequence undermined our adversarial system, leading to the client not getting a fair trial.

The Court of Appeal agreed that, due to these comments, the trial was unfairly conducted and that the client should receive the opportunity to run a new trial. The convictions were quashed and the matter was sent back to Court for trial.

 


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