Our Result - Case Study - Withdrawal of Aggravated Indecent Assault written by James Caldicott

Reference:

Charge

Circumstances

Our client was facing a charge of aggravated indecent assault of touching an employee in an indecent manner. The allegation was that they had touched the employee’s breast in the store in which they both worked. It was aggravated because he was in a position to employer/employee relationship.

It was alleged that the complainant told our client not to do so and that derogatory comments were made. There was no CCTV footage available. Our client participated in an interview with police in which the allegations were denied.

Mr James Caldicott represented the client at the Elizabeth Magistrates Court on the charge of Aggravated Indecent Assault.

A Pre-Trial Conference was conducted where evidence was provided by our office to prosecution of corroborating witnesses who could not only attest to our client’s good character but also the unlikelihood of such an act having occurred.

The matter was strenuously contested and a trial was intimated by defence counsel. Prior to the matter being set for trial prosecution, having made further enquiries, at the behest of defence counsel.

Through negotiations and legal argument all charges against our client were withdrawn at Court.

Sexual offences are very serious matters that may lead to a lengthy terms of imprisonment if an accused is found guilty. Since the matter was withdrawn by prosecution it means the allegations against our client cannot be proven and hence he cannot be found guilty.

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