Case Study: Full Acquittal of Mr. T – Sexual Assault Charges Defended Successfully
In June 2024, National Criminal Lawyers® secured a complete acquittal for our client, Mr. T who had faced six serious charges, including four counts of sexual intercourse without consent and two counts of sexually touching another person without consent. The case underscores the importance of a detailed forensic defence and effective trial advocacy in the face of evolving allegations.
Background to the Charges
The charges stemmed from an alleged incident in 2022. Police initially suspected drink spiking and seized alcohol for forensic testing. However, results revealed no traces of drugs in any of the items tested. Despite this, NSW Police pursued the prosecution.
Changing Allegations During Trial
The complainant made three additional statements, including one on the day the trial began. These statements altered the core of the prosecution’s narrative. Further contradictions emerged from witnesses, one of whom gave statements 19 months apart. These statements conflicted on key facts, including the amount of alcohol consumed.
Forensic Cross-Examination and Inconsistencies
Our team cross-examined the complainant and witnesses and brought to light inconsistencies in their statements and testimony. We highlighted the improbability of the allegations, especially in the absence of any forensic evidence supporting drink spiking.
Court Outcome (Redacted Orders)
On 17 June 2024, the District Court of NSW at Sydney Downing Centre returned the following verdicts:
- Charge 1 – Sexual Intercourse Without Consent – NOT GUILTY
- Charge 2 – Sexually Touch Another Without Consent – NOT GUILTY
- Charge 3 – Sexually Touch Another Without Consent – NOT GUILTY
- Charge 4 – Sexual Intercourse Without Consent – NOT GUILTY
- Charge 5 – Sexual Intercourse Without Consent – NOT GUILTY
- Charge 6 – Sexual Intercourse Without Consent – NOT GUILTY
The jury deliberated for just three hours before returning unanimous not guilty verdicts on all charges. The court discharged the jury and released the accused.
Costs Application and Commentary
We submitted that the prosecution acted in bad faith by continuing to trial despite negative drug tests and evolving evidence. There was no reasonable basis to institute or continue proceedings. A costs application was pursued under the Criminal Procedure Act 1986 (NSW).
What This Case Demonstrates
This outcome highlights the importance of retaining the best sexual assault defence lawyer Sydney. With strategic cross-examination and a keen eye on inconsistencies on behalf of the complainant, our client was cleared of all allegations.
Need Expert Defence? Contact Us Now
Call 1800 CRIM LAW to speak to our team. Michael Moussa, an award-winning solicitor in sexual assault matters, leads our practice with extensive courtroom experience.
