The client in this case was charged with a number of serious sexual offences, as well as an offence of impeding another person’s normal breathing by manually applying pressure, also known as the new offence of ‘strangulation’. The client was of impeccable character with no criminal record and was otherwise an upstanding contributing member of the community. The allegations arose in the context of a first date that the complainant attended with the client, after they met using a dating app.

On receipt of the initial disclosure, it was apparent the client had participated in a police interview and made various admissions, albeit none to the actual alleged offences which were strongly denied.

Following receipt of the complete disclosure, there were a number of significant flaws in the complainant’s account. These included fundamental inconsistencies in the account provided during the ‘000’ call, at the police station, and also to the doctor who performed an initial examination. None of the DNA or other scientific results supported the complainant’s account. Further, a critical piece of evidence had not been sent off for DNA analysis.

We progressed the matter to trial and the client entered a plea of not guilty. Prior to trial we obtained via summons important documents which demonstrated the complainant had a financial motive to bring a false allegation against the client. These documents also established further inconsistent statements on the part of the complainant.

We engaged in extensive trial preparations with the client, ultimately preparing the client to give evidence at trial.

At trial James’ cross-examination of the complainant and other witnesses was very damaging and elicited significant favorable evidence for the defence. James delivered a powerful closing address which highlighted the numerous, insurmountable flaws with the prosecution case.

Following a mere 34 minutes of jury deliberations, the client was acquitted of all charges. This exceptional outcome brought an end to years of stress for the client, who was very happy with the outcome.