Case note: a sexual assault charge

The charge

A sexual offence charge carrying a maximum penalty of life imprisonment. Instructions from the outset were that the client was not guilty. The allegation arose in the context of a domestic relationship that was ending.

What was done

Submissions were made to investigating police and to prosecutors. They were not prepared to discontinue, and a trial date was set in the District Court.

The evidence had gaps, and further investigation was required that police were not prepared to undertake. On instructions, that investigation was carried out by the defence, which located additional material.

That material, together with the absence of physical evidence and a witness statement supporting the client’s account, was put to the prosecution.

The result

The charge was discontinued.

Sexual offence matters are serious, they are heavily fact dependent, and the great majority proceed to trial. Nothing in this note suggests that a discontinuance is available in any other matter. Each case is assessed on its own evidence.