Author: Phillip Gibson
Parramatta District Court
Represented by Solicitor: Phillip Gibson, Accredited Specialist Criminal Law
Case Facts: Client was prosecuted for the offence of sexual assault, 2 counts of indecent assault and one count of intimidation. By issuing strategic subpoenas, we were able to obtain evidence throwing serious doubt on the complainant’s credibility in relation to the complaint.
Case Result: The Jury returned a verdict of not guilty in favour of our client after a Prasad direction – where the evidence was so inherently weak that the Judge reminded the jury of their right to return a verdict of not guilty if they believed that no further evidence need be heard to reach a decision. The jury readily returned a not guilty verdict and it was not necessary for our client to even give evidence. Prasad directions are rarely given.
The maximum applicable penalty was 14 years imprisonment and standard non parole periods may apply where a person is found guilty of this type of offence at trial.
Phillip Gibson is a Partner at Nyman Gibson Miralis and an accredited specialist in criminal law. Phillip regularly appears in District Court trials on matters such as this as well as other serious criminal matters.