Our client faced a number of serious historical sexual offences alleged to have been committed over a decade ago. The police and DPP chose to charge the client as an adult, commencing the case in the Magistrates Court and then the District Court. After reviewing the evidence, James advised the client there was significant evidence which suggested the client might have been a child at the time of the offence. This would mean that the client should be charged as a juvenile, and subject to a lesser penalty upon conviction.
After the presentation of multiple submissions to the DPP, James Jackson filed an application in the District Court requesting a trial by jury on the decision of whether the client was a juvenile. After James filed extensive submissions arguing his case, the DPP finally conceded the point and accepted the client might have been a juvenile for all of the offences before the court.
The client’s case was remitted to the Children’s Court for trial, without the need for any further hearing in the District Court. This was a fantastic outcome as it reflects the available evidence, and also prevents the client being unfairly sentenced on the basis they were an adult in the event they are convicted.