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In 2020, our 43 year old client from West Hoxton was contacted by police in relation to an investigation concerning historical child sexual assault offences alleged to have occurred in 2015.

The sex allegation made by the alleged child victim was not stated with any great deal of detail, however it involved an allegation of an indecent assault when she was a child. The allegation contained limited information, such as where the alleged incident occurred, who was present, what time period and importantly – proper identification of the alleged perpetrator.

Our client, upon being contacted by the police and whilst not under arrest, attended the police station to respond to the allegation and provide as much information as he could to assist. He was ultimately charged with ‘Indecent Assault on a person under 16 years of age’.

Our client immediately contacted CDLA and spoke with our Senior Associate Tayla Regan.

After getting the police evidence, carefully reviewing it with an eagle eye, it was evident that crucial prosecution witnesses known to police had not been spoken to. After the police failed to investigate thoroughly, our Tayla approached those witnesses and also obtained statements from each witness. The evidence from these witnesses would directly undermine the alleged victims allegations against our client.

The statements and evidence were carefully collated by our Tayla before sending them to the police with attempts to get the charges dropped. all deficiencies were pointed out.

After some time, the police command agreed to withdraw the charge however at the same time – the Director of Public Prosecutions (DPP) took carriage of the matter and undermined the police decision. The DPP decided to run the matter to a defended hearing despite the deficiencies we pointed out.

The matter proceeded to a defended hearing which spanned over 3 days during 2022. Ultimately, due to the reasons same reasons outlined earlier to police, the Magistrate found our client Not Guilty of the offence.

In the circumstances, including the considerable waste of time, resources and money, we made a costs application for all of our clients legal fees for the duration of the matter. Given the above, the DPP agreed to settle the costs of our clients expenses in the sum of $30,000. This was awarded to our client and now finally, our client can move forward and put this all behind him.

Published on 23/02/2023

AUTHOR Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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