Sexual intercourse without consent charges withdrawn early at Penrith Court

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Our 25-year-old client from Penrith is a hard working labourer who was arrested and charged by police for allegedly giving an intoxicating substance to his ex-girlfriend of 10 years with intent to commit a serious indictable offence and a count of sexual intercourse without consent.

Understandably, from being charged, his life turned upside down. He approached our CDLA city office and spoke with our senior lawyer Ahmad who reviewed the police brief of evidence and instantly identified significant holes in the police evidence.

We identified that the alleged victim had various drugs in her body that was not given from our client, and that her version of being sexually assaulted was not plausible with significant inconsistencies that should not stand in court.

Ahmad tirelessly prepared a strategy to approach the Director of Public Prosecution to engage in lengthy negotiations in attempts to get the charges withdrawn early in the court proceedings to avoid a lengthy and expensive trial down the track.

During a case conference Ahmad succinctly pointed out weaknesses in the prosecutions case urging that the charges be withdrawn, leaving open the possibility of the defence seeking costs in the event that they continue in the prosecution against our client given the weakness of the police evidence.

Following lengthy discussions, the DPP agreed to withdraw all charges against our client.

This was a big win for our client who was facing baseless and false sexual allegations. Thanks to the hard work and tactical thinking of our Ahmad, our client was able to move on with life without the prospects of going to prison, and maintain his good character without conviction.

Published on 25/07/2022