2 x indecent assault downgraded to 1 x common assault; spent conviction order imposed

In this case we acted in a matter involving two counts of indecent assault. The allegations related to an incident involving a security guard who was working at a large festival on their first shift. There were two separate complainants.

We progressed the matter to trial and obtained an order for disclosure. It was apparent from the disclosure evidence that there were significant deficiencies in the evidence. Neither complainant witnessed the others’ respective alleged assault. Further, both complainants had obvious issues with their evidence including other inconsistencies, and parts of their evidence were unconvincing. For example, the complaints had been made after both complainants had been refused entry to the VIP section of the festival by the client.

The matter involved several pre-trial hearings including an adjournment of the trial, and applications for witnesses to give evidence from other locations.

Prior to the trial, we engaged in extensive negotiations with the prosecution. Ultimately, we secured agreement to drop both of the indecent assault charges, in exchange for a guilty plea to a single common assault. This was on the basis the client had not touched either complainant in a sexual manner, but had touched them in the course of their duties in a manner that was not consented to, constituting an assault.

At sentencing we presented numerous references and materials in support of the grant of a spent conviction order. The Magistrate was persuaded to impose a fine and a spent conviction order. This excellent outcome meant that the client could now move on with their life, without the detriment of a conviction hanging over their head for the next 10 years.

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