This long-running matter concerned a client charged with a serious indictable offence of indecent dealing with a child. The allegation carried the risk of imprisonment but also the prospect of an expensive and prolonged District Court jury trial. The allegation occurred in the context of a family dispute and appeared to have been made for an ulterior motive, not because the allegation was true. This is unfortunately something that is commonly seen in allegations of sexual assault in the criminal jurisdiction.

Prior to trial, we obtained the disclosure evidence and reviewed it. There were clear issues with the prosecution case including the fact that, even if the allegation could be proved, it was questionable whether the element of ‘indecency’ could be established beyond reasonable doubt. Further, the allegation itself was bizarre and made little sense. There were clear reasons why the complainant would want to make up a story in the circumstances that were alleged.

The client continued with the case up until the point of committal to the District Court. At that stage, the prosecution offered a plea deal to aggravated indecent assault of a minor. The issue with this charge was it carried the risk of a conviction and also a substantial period of time on the Sex Offenders Register, when the client had not committed any offence. The offer was rejected and the matter continued to the District Court.

In the District Court, the prosecution amended the indecent dealing charge to indecent assault. The case was remitted to the Magistrates Court on a charge of indecent assault. In that jurisdiction, we fully prepared for the trial to proceed. When the matter finally got to trial, the prosecution discontinued the charge on the morning of trial. A substantial costs order was made.

This fantastic outcome meant that the client recouped a substantial portion of their legal fees but also avoided any conviction.