Sexual Assault – CASE STUDY

Jake* was charged by Police with an offence of sexual assault. Jake was refused bail by the Police.

Police allowed Jake to contact a lawyer to attend Court on his behalf to make an application for bail. The Lawyer he contacted did not have experience in sexual assault cases. Jake was bail refused by the Magistrate and remained in custody for 6 months.

A member of Jake’s family contacted Benjamin & Leonardo Criminal Defence Lawyers and Leo Premutico took carriage of the matter.

Recent amendments to the Bail Act allows a person only one application for bail unless the person can satisfy the Court of one or more of the following:

(a) the person was not legally represented when the previous application was dealt with and the person now has legal representation, or

(b) information relevant to the grant of bail is to be presented in the application that was not presented to the court in the previous application, or

(c) circumstances relevant to the grant of bail have changed since the previous application was made.

Leo was able to persuade the Magistrate that a second opportunity for an application for bail should be granted. Jake was granted bail.

An application for a committal hearing was made requesting the alleged victim attend and give evidence. The application was successful. It is very rare that an alleged victim in a sexual assault is ordered to attend Court to give evidence at a Committal Hearing.

At the committal hearing the alleged victim gave evidence and was cross-examined by Leo. Leo could demonstrate to the Court that the alleged victim lied to the Police and other witnesses. Once the alleged victim had completed her evidence submissions were made to the Magistrate as to why the accused should be discharged.

Jake was discharged and did not have to face a trial and have his fate determined by a jury.

If you have been charged with sexual assault you need a lawyer who is experienced and has the time to dedicate their attention to your case.

For professional and honest legal advice please contact one of the Partners at Benjamin & Leonardo Criminal Defence Lawyers.

* Not client’s real name.

Benjamin Goh
Partner

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