Case Study: Sexual Touching No Conviction Despite CCTV – How We Secured a Section 10 Against All Odds

When someone faces a charge of sexual touching without consent in NSW, the stakes are enormous, not just legally, but personally, emotionally and socially. Yet, even in cases that seem doomed, skilled legal strategy and experience can transform the outcome and change your life.

At National Criminal Lawyers®, our Principal, Michael Moussa, recently secured a Conditional Release Order (CRO) with no conviction under Section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), for our client, M, regarding his charge of Sexual Touching Without Consent. The magistrate imposed a two-year good behaviour bond, and no conviction was recorded. A powerful and rare victory in a serious sexual offence context.

In cases involving sexual offences, less than 1% end in a Community Release Order without supervision. 

But what makes this outcome all the more extraordinary is the clear CCTV footage revealing M ‘in the act’. The chances of a no conviction becomes even smaller.
Learn more about the legal strategy – which included an on-the-day change to the case – which led to M and his mother walking away crying happy tears.

Understanding the Law: Sexual Touching in NSW

The offence charged against M falls under section 61KC(a) of the Crimes Act 1900 (NSW), which states:

“A person who, without the consent of the other person, and knowing that the other person does not consent…  sexually touches the complainant is guilty of an offence.”

While the maximum penalty is five years’ imprisonment, the courts assess each case on its merits. Factors such as consent levels, context, and the offender’s circumstances influence sentencing outcomes. On the lower end of severity—for example, a single act of touching—the offence may be suitable for a section 10 order or Community Corrections Order (CCO).

The Allegations vs The Amendments

The Original Facts (Before Negotiations):

• M touched the complainant multiple times on their back, stomach, and lower buttocks on the staircase outside the Melton Hotel in Auburn.
• Some physical movements appeared consensual but were grouped into an omnibus police fact narrative.
• The presentation suggested escalating predatory conduct, which would normally warrant a harsher penalty.

What We Did:

• Michael Moussa engaged in rapid, persuasive negotiations with both the NSW Police Prosecutor and the investigating constable.
• He appealed to their interest in achieving a just outcome without dragging out court time or inflaming a case weaker in substance.
• After a lunch break, by 2:00 pm, the facts were agreed to be amended on the record, eliminating all non-consensual soundbites and clearly isolating a single low-level, non-aggravated touch.

Why This Fact Amendment Was Crucial

• The narrowed facts shifted the conduct to the lowest end of the sexual touching spectrum.
• By removing “multiple” allegations, we changed the case from one of sustained misconduct to an isolated incident—one susceptible to Section 10 considerations.
• Courts tailor sentencing to the actual factual scenario, not just what police originally alleged. This was the turning point.

Legal Advocacy: Framing Section 10 Submissions

With precise facts in hand, Michael presented the following in sentencing submissions under Section 10 of the CSP Act:

• M’s mental health decline: depression, anxiety, exhaustion, and stress, exacerbated by the court process
• Physical health deterioration, including chronic conditions recently worsened by legal pressures
• Genuine remorse and an apology, retranslated more optimally just prior to submissions from Arabic to capture emotional sincerity and clarity
• Clean criminal record, with no prior offences
• Strong family support, evidenced by M’s mother’s presence and emotional relief during the verdict

The Bigger Picture: How Rare Are No-Conviction Outcomes for Sexual Offences?

Though statistics about sexual touching specifically are rare, BOCSAR statistics confirm that out of 842 sexual assault cases in NSW in 2018, only 7 of them (<1%)  resulted in a Conditional Release Order No-Conviction without supervision, making this nothing short of a remarkable outcome.

While there is limited research regarding how CCTV footage affects conviction rates, the fact that the alleged act of Sexual Touching was caught entirely on camera makes a No-Conviction a seemingly impossible outcome.

The Outcome: CRO with No Conviction

Magistrate granted a two-year Conditional Release Order under Section 10(1)(b):

• No conviction recorded
• Two-year good behaviour bond
• No imprisonment or CCO
• No supervision
• Standard conditions

The result was profound. When the court pronounced the outcome, M and his mother broke into tears of relief, and thanked Michael personally – a testament to the emotional and human impact of strategic criminal defence.

Legal Principles Demonstrated

1. Section 61KC offences vary widely in seriousness: context matters. M’s conduct fell into the “lowest-level sexual touching”.
2. Negotiation of facts: amending the record demonstrates that police facts are not immutable. A skilled lawyer can achieve significant legal benefit by reshaping the factual basis for conviction.
3. Section 10 discretion: under s 10(1)(b) and s 10(3) of the CSP Act, courts weigh:
   • Health, age, character (s 10(3)(a))
   • Trivial nature of offence (s 10(3)(b))
   • Extenuating circumstances (s 10(3)(c))
   • Any other relevant matter (s 10(3)(d))
4. Human element in sentencing: emotional context, translator-assisted apology, and family presence influenced the magistrate’s perception of M as someone more deserving of compassion.

Broader Implications for Similar Charges

This case provides a ground-breaking roadmap for defending:

• Isolated sexual touching incidents
• Low-level indecent assault
• Disputes involving AVO breaches in domestic contexts
• Common assault cases where context matters

It underlines how legal outcomes depend less on police allegations and more on effective defence advocacy, mitigating narratives, and strategic negotiation.

 

Key Takeaways for Clients & Practitioners

• Cases can be resolved just hours before hearing with the right lawyer and arguments.
• Section 10 remains a powerful tool to avoid conviction, preserving reputation and future prospects.
• Maintaining mental health records, apology letters, and translator support adds weight to sentencing submissions.
• A clean record and strong family testimony matter — they helped position M as a person who is unlikely to reoffend.

Secure A Strong Defence — Talk to Us Today

Are you facing a charge of sexual touching without consent or similar in Blacktown, Parramatta, Sydney, Penrith, Wollongong, or Mt Druitt?

National Criminal Lawyers® offer:

• Expert representation in Local and District Courts
• A track record of achieving no-conviction outcomes
• Multilingual support, including Arabic interpretation
• Free initial consultation with an award-winning sexual offence defence lawyer

Call 1800 CRIM LAW now or search “sexual touching lawyer near me” to schedule your confidential case review.

Your life is not defined by an allegation — we’ll fight to show the truth.