Sexual Offence

October 27, 2022

The following case study is an example of the kind of Sexual Assault matters we deal with at Nardi Lawyers.

Our client was facing one charge of Sexual Assault.

Our client had no criminal priors at the time of the offending.

Our client allegedly sexually assaulted an attendant at a venue.

The police alleged that our client touched the attendant inappropriately.

Upon review of the preliminary brief and footage of the alleged incident, we began negotiations with the Prosecution.

It was our position that the allegations made by the Police were exaggerated and were not proportionate to what was depicted in the CCTV footage. It is paramount in all criminal matters that the allegations contained in the police summary accurately depict what occurred, even when the client intends on pleading guilty. The severity of an offence can either be increased or decreased based on how the actions of the Accused are described in the police summary, as this is what is read out to the Magistrate in Court.

Given that the CCTV indicated that the offence was less serious than alleged, as well as our client having no criminal priors, we suggested that Diversion would be appropriate.
The Prosecution accepted our position. In Diversion cases, getting the approval of the Prosecution is only the first hurdle. The Magistrate in Court must also agree that Diversion is suitable.

Our client pleaded guilty to the Sexual Assault charge and had a Diversion hearing.

In Court, we tendered character references and gave submissions on our client’s behalf after significant preparation and detailed interviews with our client.

In Diversion hearings, it is important to be well prepared and provide significant detail on the client’s personal circumstances, why the offence occurred and why it will not happen again.
Our client was found suitable for Diversion by the Magistrate and was placed on a 6-month Diversion Plan with conditions to donate to charity and write a letter of apology to the Complainant.

If you have been charged with similar offences, we recommend that you call our office today, so we can help you achieve the best outcome possible.

Diversion